New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 54F

54F Meaning of “abusive behaviour”

(1) In this Division,
"abusive behaviour" means behaviour that consists of or involves-

(a) violence or threats against, or intimidation of, a person, or

(b) coercion or control of the person against whom the behaviour is directed.

(2) Without limiting subsection (1), engaging in, or threatening to engage in, the following behaviour may constitute
"abusive behaviour" -

(a) behaviour that causes harm to a child if a person fails to comply with demands made of the person,

(b) behaviour that causes harm to the person against whom the behaviour is directed, or another adult, if the person fails to comply with demands made of the person,

(c) behaviour that is economically or financially abusive,

Examples for paragraph (c)-:

• withholding financial support necessary for meeting the reasonable living expenses of a person, or another person living with or dependent on the person, in circumstances in which the person is dependent on the financial support to meet the person’s living expenses

• preventing, or unreasonably restricting or regulating, a person seeking or keeping employment or having access to or control of the person’s income or financial assets, including financial assets held jointly with another person

(d) behaviour that shames, degrades or humiliates,

(e) behaviour that directly or indirectly harasses a person, or monitors or tracks a person’s activities, communications or movements, whether by physically following the person, using technology or in another way,

(f) behaviour that causes damage to or destruction of property,

(g) behaviour that prevents the person from doing any of the following or otherwise isolates the person-

(i) making or keeping connections with the person’s family, friends or culture,

(ii) participating in cultural or spiritual ceremonies or practice,

(iii) expressing the person’s cultural identity,

(h) behaviour that causes injury or death to an animal, or otherwise makes use of an animal to threaten a person,

(i) behaviour that deprives a person of liberty, restricts a person’s liberty or otherwise unreasonably controls or regulates a person’s day-to-day activities.

Examples for paragraph (i)-:

• making unreasonable demands about how a person exercises the person’s personal, social or sexual autonomy and making threats of negative consequences for failing to comply with the demands

• denying a person access to basic necessities including food, clothing or sleep

• withholding necessary medical or other care, support, aids, equipment or essential support services from a person or compelling the person to take medication or undertake medical procedures