As of 26 May 2025, Queensland enacted significant legal reforms under the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (‘The Amendment Act’). These changes, aim to increase protections against domestic and sexual violence, aligning Queensland with national efforts to combat coercive control and promote affirmative consent.
This amendment is known as ‘Hannah’s Law’.
DFV Law Update: First Person Convicted Under 'Hannah's Law' (August 2025)
In early August 2025, a Cairns man become the first person convicted under Queensland’s newly introduced coercive control laws. The man received a sentence of two years of imprisonment following a disturbing pattern of abuse described by the court as “intimate terrorism.”
The standalone Coercive Control offence which came into effect in Queensland’s Criminal Code on 26 May 2025, the Offence, punishable by a maximum of 14 years imprisonment, targets sustained patterns of behaviour designed to isolate, intimidate, and control a partner, whether through physical or non-physical means.
Details of the Offending Behaviour
The Cairns man’s conduct spanned over two days and included threats, physical assaults, property damage, and psychological manipulation. He pleaded guilty to six offences, including coercive control, common assault, and wilful damage. Under the new legislation-despite having a maximum term of 14 years’ imprisonment- the matter can be dealt with summarily in the Magistrates’ jurisdiction, on the prosecution’s election and a plea of guilty.
How the Court Responded to the New Legislation
In his sentencing remarks, Magistrate Jakub Lodziak acknowledged the complexity of sentencing under the new law, noting the absence of precedent and the challenge of distinguishing overlapping offences. Despite this, the court emphasised the gravity of coercive control, which can inflict long-term harm and escalate over time.
The man’s early guilty plea and history of trauma were considered in mitigation, but the court ultimately imposed a custodial sentence, with parole eligibility set for December 2025.
Coercive Control and Its Relationship to Other Offences
Whilst the coercive control charge is a ‘standalone’ charge, since its inception, it is routinely accompanied by other offences involving domestic violence (such as stalking, assault occasioning bodily harm). This clearly highlights that coercive control can be subtle behaviour; however it is the foundation of a toxic relationship and typically goes in hand with other notable domestic violence offences.
Magistrate Lodziak imposed the two-year sentence on the Coercive Control charge and convicted-but did not further punish- the domestic violence charges of assault and wilful damage, as the conduct was considered part of the coercive control offence.
Why This Case Matters
This case underscores the critical importance of recognising coercive control as a distinct and serious form of domestic violence—one that extends beyond physical abuse to encompass patterns of psychological manipulation, intimidation, and control that erode a victim’s autonomy and safety over time.
This conviction demonstrates the necessity for both legal clarity and robust police enforcement.
What is Hannah’s Law?
On 6th March 2024, The Amendment Act was passed by the Queensland Parliament in response to the unforgettable death of Hannah Clarke and her three young children from an act committed by her estranged husband in February 2020. Hannah’s parents have been strong advocates and refuse for domestic violence to continue to be unanswered. As stated, The Amendment Act criminalises coercive control and introduces affirmative consent requirements in sexual offences
What Is Coercive Control: Criminal Offence section 334C
Coercive control refers to a pattern of abusive behaviours intended to manipulate, isolate, or frighten an individual, often within intimate or familial relationships. The behaviour may occur over a period and may be based on several different incidents. This may include emotional, psychological, financial, or technological abuse, such as cyberstalking or surveillance. To be coercive control the parties must also be in a domestic relationship.
Under the new law, engaging in such behaviours is a criminal offence in Queensland, punishable by up to 14 years in prison. This legislative change acknowledges that coercive control is a serious form of abuse that can lead to physical harm or even homicide.
However, there is a defence to the charge of coercive control, that being that the conduct was reasonable in the context of the relationship.
As this is new legislation and remains untested to date, the courts will interpret ‘what is reasonable in the context’ and this area of law will be vastly evolving.
Affirmative Consent: A Shift Towards Clearer Boundaries
The Act also introduces an affirmative model of consent for sexual offences. Under this model, consent must be actively and clearly communicated, moving away from the previous “no means no” standard. This change ensures that individuals must seek and receive explicit permission before engaging in sexual activity, making it harder for offenders to claim they assumed consent, removing the common defence used of ‘mistake of fact’.
Additionally, the Act criminalises “stealthing” which is the removal of a condom during sexual intercourse without consent.
179A Engaging in domestic violence or associated domestic violence to aid respondent
Section 179A refers to a legal provision commonly found in family or domestic violence law that addresses actions taken by individuals who assist or enable a respondent (the person accused or found to have committed domestic violence) in continuing or escalating harmful behaviour. This provision plays a vital role in ensuring that protective measures are effective and not undermined by third parties.
Third parties may be criminal liable for:
- Threatening, harassing, or intimidating the protected person on behalf of the respondent.
- Assisting the respondent in breaching a protection or restraining order.
- Acting as a proxy for the respondent to continue coercive control or abuse
- Facilitating communication or contact that is otherwise prohibited by court orders.
It is immaterial if the person acted with the respondent’s knowledge or direction.
An evidential burden is placed on the defendant in relation to showing a reasonable excuse their behaviour.
The intent behind Section 179A is to close loopholes in enforcement by holding accountable those who act as intermediaries or enablers of abuse. It acknowledges that domestic violence is not always committed in isolation and may involve a broader network of individuals who contribute to the ongoing harm.
The maximum penalty for this offence is 120 penalty units or 3 years imprisonment.
Courts may also issue supplementary orders to restrict the enabler’s contact with the protected person, or require counselling and intervention programs.
Implications for Queenslanders
For Victims and Survivors:
- Legal Recourse: Victims of coercive control can now seek justice through the criminal justice system, with perpetrators facing significant penalties.
- Support Services: Enhanced training for law enforcement and support services aims to provide better assistance to those affected by domestic and sexual violence.
For Offenders:
- Increased Accountability: Individuals engaging in coercive control or non-consensual sexual activities now face clearer legal consequences, including potential imprisonment.
- Legal Defence: The introduction of affirmative consent means that the onus is on the accused to prove that consent was obtained, shifting the legal landscape for sexual offence cases.
Final Thoughts
The implementation of these laws signifies a commitment to protecting individuals from various forms of abuse and ensuring that consent is respected and upheld. At Elysian Law, we are dedicated to helping people acknowledge they have suffered abuse and help people navigate this new area of law.
As stated, The Amendment Act has wide implications and updates various pieces of legislation which in turn will need to be applied by the courts. This will be an evolving area and potential lead to other reforms once the new law are tried and tested.
Contact the Elysian Law team for a confidential free consultation and discuss our fixed fees.
For more detailed information, please see the Amendment Act and explanatory notes.
For more information about topics mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
If You Need Help
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.auDV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.orgMensline Australia – Support for men
Call 1300 78 99 78 | www.mensline.org.au
Author: Nichale Bool
