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’.
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.
