The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 received assent on 18 March 2024 and is available here.
Further information about the legislation can be found here.
Practitioners should note that, while the majority of the Act will start on a date to be fixed by proclamation, the following provisions commenced upon assent:
- Sections 27 and 28, which amend the Domestic and Family Violence Protection Act 2012 to require the court to consider the appropriate period for a protection order;
- Sections 3 to 7, and 96 to 99, which amend the Bail Act 1980 and Youth Justice Act 1992, respectively, to require a police officer or court considering bail and bail conditions to consider additional factors, such as the impact on a defendant’s caring responsibilities, including where a defendant is pregnant;
- Sections 82 to 84 and 100, which amend the Penalties and Sentences Act 1992 and the Youth Justice Act 1992, respectively, to require sentencing court to take into account a number of additional factors, including where a defendant has a history of being abused or victimised, or any cultural considerations where the defendant is an Aboriginal or Torres Strait Islander person.
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