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Key flaw 9 of 17 · (cl. 1(6), 6(C,d,e))
Open-ended abuse indicators capture ordinary parenting
[n] evidence items · [n] accounts · [Jurisdictions]
What it does
Whether conduct is abuse is a question of fact “by reference to all the circumstances” (cl. 1(5)). The indicators in cl. 1(6) are undefined, and the list is non-exhaustive. “Controlling or coercive”, “economic pressure” and “psychological or emotional pressure” are not defined in the Bill.
The Explanatory Notes say controlling behaviour “could include words or behaviour designed to make an individual subordinate and/or dependent”, and coercive behaviour “abuse that is used to harm, punish or frighten an individual”. Economic pressure could include preventing access to “essential goods and services (like food or healthcare)” (EN Subsection (6) para 35). Children are dependent on their parents and, within parental responsibility, subordinate to them on decisions such as medical treatment. Setting rules and consequences is ordinary parenting.
Effects: Declining to pay a private clinic for puberty blockers, declining to buy a binder, using a child’s birth name at home, or waiting before social transition can each be framed as controlling behaviour or as pressure. So can a spouse declining to fund an adult partner’s surgery.
At a minimum
Remove cl. 1(6)(d) and (e). Define cl. 1(6)(c) to exclude the reasonable exercise of parental responsibility and ordinary decisions within a relationship.
Source
1 (5) The question whether conduct amounts to an abuse of the individual is a question of fact to be determined by reference to all the circumstances of the case, including in particular the nature of the conduct.
1 (6) In assessing the nature of the conduct, consideration is to be given (among other things) to the question whether it involves any of the following—
(a) words or behaviour of a sexual nature;
(b) violent or threatening words or behaviour;
(c) controlling or coercive words or behaviour;
(d) use of economic pressure;
(e) use of psychological or emotional pressure.
EN: (c) Controlling words or behaviour: This could include words or behaviour designed to make an individual subordinate and/or dependent;
Draft Bill, cl. 1(6, (c, d,e)) →
Explanatory Notes 35 Subsection (6)→
What the Australian and New Zealand evidence shows
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