Another state has indicated it has no plans to broaden coercive control laws to protect people from harmful religious cults, despite pleas from cult survivors for action.
In a letter to the Rationalist Society of Australia this month, Tasmanian Attorney-General Guy Barnett (pictured) recognised that some of the reported behaviours of cults were “very concerning”, but said his state already had a “wide-ranging legal framework” in place to combat such matters.
Late last year, the RSA called on all states and territories to address coercive control in cults and high-demand religious groups following pleas from cult survivors for governments to address the issue.
As the RSA reported last month, Western Australia’s John Quigley indicated that his state had “no intention” of expanding coercive control laws to apply to harmful religious cults.
Since then, the governments of New South Wales and the Northern Territory have told the RSA that their jurisdictions have existing laws to deal with abusive behaviour in the context of intimate partner relationships and domestic and family violence. Earlier, South Australia’s Kyam Maher said his state may consider coercive control measures in religious cults in the future.
RSA Executive Director Si Gladman had pointed attorneys-general to a stream of media reports highlighting the coercive, harmful and abusive practices within cult groups, and the devastating impacts that these had on individuals’ lives.
In his letter to the RSA this month (see below), Mr Barnett said Tasmania’s legislative developments involving coercive control were specifically in the family violence context, and addressed in the Family Violence Act 2004.
“The Family Violence Act only applies between spouses and intimate partners,” he said.
“At this stage, there is no plan to broaden the scope of the Family Violence Act to include religious groups. However as I have noted, there are other frameworks in Tasmania that deal with this behaviour.”
New South Wales Attorney-General Michael Daley said numerous existing laws may apply to the examples of coercive conduct, including sexual and assault offences in the Crimes Act 1900.
“As you may know, NSW has also enacted a ‘coercive control’ offence in section 54D of the Crimes Act 1900 that targets abusive behaviour in current or former intimate partner relationships. The offence is subject to an initial statutory review which will commence in 2026, with a further two statutory reviews planned,” he wrote (see letter below).
Northern Territory Attorney-General Marie Marie-Clare Boothby said the government strengthened existing criminal law protections regarding coercive practices, such as compulsion and the use of violence or pressure to compel conduct, in the Justice Legislation Amendment (Domestic and Family Violence) Act 2023.
“The NT Government is continually reviewing the criminal laws to identify and address inefficiencies…” she said.
If you want to support our work, please make a donation or become a member.
Si Gladman is Executive Director at the Rationalist Society of Australia. You can contact him at sigladman@rationalist.com.au.
Image: Guy Barnett (Facebook)
Letter from Tasmanian Attorney-General Guy Barnett, 3 March 2025
Dear Si
Thank you for your correspondence dated 18 December 2024, regarding addressing coercive control in religious cults. My apologies for the delay in responding to you.
Coercive behaviours such as those identified in your correspondence are very concerning, however Tasmania has a wide-ranging legal framework available to help combat these. This framework includes criminal, anti-discrimination, family, industrial relations and consumer affairs laws.
To date, legislative developments involving coercive control specifically have been in the family violence context, with Tasmania’s Family Violence Act 2004 (the Family Violence Act) containing offences involving coercive control. As identified in the Standing Council of Attorneys-General’s National Principles to Address Coercive Control in Family and Domestic Violence, ‘[c]oercive control is almost always an underpinning dynamic of family and domestic violence.’
The Family Violence Act only applies between spouses and intimate partners. At this stage, there is no plan to broaden the scope of the Family Violence Act to include religious groups. However as I have noted, there are other frameworks in Tasmania that deal with this behaviour.
I thank you once again for raising this issue with me.
Yours sincerely
Hon Guy Barnett MP
Deputy Premier
Attorney-General
Minister for Justice
Letter from Northern Territory Attorney-General Marie-Clare Boothby, 12 February 2025
Dear Mr Gladman,
Thank you for your correspondence of 18 December 2024, regarding coercive control and abusive practices within religious cults in Australia.
The Northern Territory Government has committed to the recognition of coercive control through a number of reforms including those introduced by the Justice Legislation Amendment (Domestic and Family Violence) Act 2023. These reforms strengthened existing criminal law protections provided by the Criminal Code which address coercion through provisions related to compulsion, threatening or harmful behaviour and the use of violence or pressure to compel conduct.
The NT Government is continually reviewing the criminal laws to identify and address inefficiencies and I thank you for taking the time to raise this issue.
Yours sincerely
MARIE-CLARE BOOTHBY
Letter from New South Wales Attorney-General Michael Daley, 11 February 2025
Dear Mr Gladman,
Addressing coercive control in religious groups
Thank you for your letter dated 18 December 2024 on behalf of the Rationalist Society of Australia, regarding your concerns of coercive conduct within certain religious groups. I appreciate your concerns and advocacy for a strong legislative response to coercive practices that impinge on people’s fundamental rights and freedoms.
There are numerous offences in NSW that may apply to the types of coercive conduct you describe in your letter, depending on the circumstances of the case. These may include:
- the offence of stalking or intimidation with intent to cause fear of physical or mental harm in section 13 of the Crimes (Domestic and Personal Violence) Act 2007
- assault offences in the Crimes Act 1900, and
- sexual offences in the Crimes Act 1900.
As you may know, NSW has also enacted a ‘coercive control’ offence in section 54D of the Crimes Act 1900 that targets abusive behaviour in current or former intimate partner relationships. The offence is subject to an initial statutory review which will commence in 2026, with a further two statutory reviews planned.
Thank you again for taking the time to write to me.
Michael Daley MP
Attorney-General