Law Reform Processes and Criminalising Coercive Control

Abstract

ABSTRACT In 2005, Reg Graycar and Jenny Morgan published ‘Law Reform: What’s in It for Women?’ in which they raised a number of issues and tensions faced in feminist engagements with law reform processes. Relying on Graycar and Morgan’s work I explore three recent law reform processes focused on whether coercive control should be criminalised: the NSW Joint Select Committee on Coercive Control, the Queensland Women’s Safety and Justice Taskforce, and the South Australian exposure Bill. All answered this question in the affirmative. However, there were distinct differences in terms of their respective terms of reference, processes undertaken, participation of diverse and marginalised groups, consideration of implementation issues, and engagement with existing research. This article explores the strengths and weaknesses of these processes. The importance of Graycar and Morgan’s work is that it insists that we examine the processes of law reform, and not just the outcomes. While outcomes are obviously critical, the processes necessarily shape what those outcomes might be. The diversity of views around criminalisation of coercive control meant that attention to these processes was critical, particularly for those who are most likely to experience violence and state interventions in their lives.