WEBVTT - The push to criminalise coercive control

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<v Speaker 1>Already and this is the Daily This is the Daily OS.

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<v Speaker 1>Oh now it makes sense. Just a warning, this podcast

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<v Speaker 1>deals with domestic violence. If you are a loved one

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<v Speaker 1>is struggling, you can call one eight hundred respect on

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<v Speaker 1>one eight hundred seven three seven seven thirty two. Good

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<v Speaker 1>morning and welcome to the Daily ODS. It is Friday,

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<v Speaker 1>the eighth of March.

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<v Speaker 2>I'm Billy, I'm Sam.

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<v Speaker 1>Today it is International Women's Day and we are going

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<v Speaker 1>to be talking about something that disproportionately impacts women, and

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<v Speaker 1>that is coercive control. This week, Queensland became the second

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<v Speaker 1>state in Australia to criminalize coercive control as a standalone offense. Now,

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<v Speaker 1>if you haven't heard of coercive control, it is a

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<v Speaker 1>pattern of controlling and isolating behavior.

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<v Speaker 2>In a relationship.

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<v Speaker 1>It's one of the more invisible types of domestic violence,

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<v Speaker 1>but evidence shows it is extremely harmful and is one

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<v Speaker 1>of the most common forms of how people experience domestic abuse.

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<v Speaker 1>We're going to look at the push to criminalize coerce

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<v Speaker 1>of control around the country in today's deep dive. But

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<v Speaker 1>for Sam, what's making headlines.

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<v Speaker 2>Minister for Women Katie Gallagher has announced Australia's first national

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<v Speaker 2>gender equality strategy called Working for Women. The strategy involves

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<v Speaker 2>a ten year plan which will focus on areas including

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<v Speaker 2>gender based violence, economic equality and health. The strategy's aim

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<v Speaker 2>is to quote shift the attitudes and stereotypes that drive

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<v Speaker 2>gender inequality. The launch comes after the government announced people

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<v Speaker 2>who receive paid parental leave from the government will also

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<v Speaker 2>receive superannuation on top of that payment.

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<v Speaker 1>The son of a former federal defense minister has died

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<v Speaker 1>after an army training accident. Lance Corporal Jacks Fitzgibbon was

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<v Speaker 1>injured during a parachuting incident this week at an army

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<v Speaker 1>base in western Sydney. The Australian Defense Force confirmed yes

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<v Speaker 1>the soldier was the son of formal Labour MP Joel Fitzgibbon,

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<v Speaker 1>who served as a Defense Minister from two thousand and

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<v Speaker 1>seven to two thousand and nine. A statement from the

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<v Speaker 1>Fitzgibbons said, quote Serving in the Special Forces was Jack's

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<v Speaker 1>dream job and we take comfort from the fact he

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<v Speaker 1>died serving his nation. The ADF has launched a formal

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<v Speaker 1>investigation into what happened.

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<v Speaker 2>An URL player for the Sydney Roosters, Spencer Lenu, has

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<v Speaker 2>pleaded guilty to making a racist remark during a game

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<v Speaker 2>in Las Vegas. Over the weekend, Brisbane Broncos player Ezra

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<v Speaker 2>mam alleged Lenu had made a racist comment against him.

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<v Speaker 2>The Sydney Roosters issued a statement apologizing to Ezra, his

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<v Speaker 2>family and the First Nation's community. Lenu said, I am

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<v Speaker 2>sincerely sorry to cause him such distress and I said

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<v Speaker 2>the word, but I didn't mean it in a racist way.

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<v Speaker 1>And today's good news. A gray whale has been spotted

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<v Speaker 1>in the Atlantic Ocean for the first time in over

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<v Speaker 1>two centuries. According to the New Englandarium, the whale was

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<v Speaker 1>spotted off the New England coast and was thought to

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<v Speaker 1>be extinct from that area. The whale was seen diving

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<v Speaker 1>and resurfacing multiple times and seemed to be feeding. A

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<v Speaker 1>research technician said quote, we were laughing because of how

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<v Speaker 1>wild and exciting this was to see an animal that

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<v Speaker 1>disappeared from the Atlantic hundreds of years ago.

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<v Speaker 2>Go whales, Go whales. So Billy. Queensland this week became

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<v Speaker 2>the second state in Australia to criminalize coercive control as

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<v Speaker 2>a standalone of fence. New South Wales was the first

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<v Speaker 2>state to do this back in twenty twenty two, and

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<v Speaker 2>you gave us a little bit of an explanation of

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<v Speaker 2>what coercive control is in the intro, but let's have

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<v Speaker 2>more of an in depth discussion about this.

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<v Speaker 3>Yeah.

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<v Speaker 1>So, coercive control is a form of domestic violence where

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<v Speaker 1>a person denies a victim survivor autonomy and independence over time.

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<v Speaker 1>And it's a whole range of things, And it's important

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<v Speaker 1>to emphasize that it's about a pattern of controlling behavior,

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<v Speaker 1>and it can include a whole range of things like

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<v Speaker 1>isolating your partner from their friends and family, controlling their finances,

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<v Speaker 1>making threats, monitoring them and their behavior, constantly humiliating and

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<v Speaker 1>insulting them. And like I said, it's about a pattern

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<v Speaker 1>of this behavior, So it's not about isolated incidents, but

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<v Speaker 1>how this kind of behavior can really control a partner

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<v Speaker 1>over years.

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<v Speaker 2>Because previously this discussion about domestic violence was really tied

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<v Speaker 2>to physical harm, right.

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<v Speaker 1>Yeah, exactly. I think ten twenty years ago, the conversation

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<v Speaker 1>about domestic violence was really limited to physical harm. I mean,

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<v Speaker 1>I think of when I was growing up, when there

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<v Speaker 1>were conversations about domestic violence, you instantly would think of

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<v Speaker 1>a person being hit. But what we know now is

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<v Speaker 1>that that is a very limited understanding of how someone

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<v Speaker 1>can experience domestic abuse, and we now know that coercive

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<v Speaker 1>control is one of the most common ways that people

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<v Speaker 1>will experience domestic abuse. Soals view of domestic and family

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<v Speaker 1>violence in Australia found that over eighty percent of men

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<v Speaker 1>who had killed a current or previous female partner had

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<v Speaker 1>exhibited nonviolent behaviors, so things like coercive control against the

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<v Speaker 1>partners that they killed. That's a huge percentage eighty percent.

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<v Speaker 1>And so now in Queensland, if found guilty of this crime,

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<v Speaker 1>there will be a penalty of up to fourteen years imprisonment.

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<v Speaker 2>And why do you think we've had more of these

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<v Speaker 2>conversations about coercive controlled in the last couple of years.

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<v Speaker 1>Well, I think it really entered the mainstream conversation in

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<v Speaker 1>early twenty twenty when Hannah Clark was murdered.

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<v Speaker 3>There's been an outpouring of grief for a mother and

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<v Speaker 3>her three children who were burnt to death in their

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<v Speaker 3>car in Brisbane's East yesterday. There's also anger at the

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<v Speaker 3>man accused of setting them alight.

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<v Speaker 1>I'm sure many people will remember this story. I remember

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<v Speaker 1>in twenty twenty it was kind of the big story

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<v Speaker 1>at the start of twenty twenty apart from COVID, but

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<v Speaker 1>it really dominated the news cycle in Australia. For those

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<v Speaker 1>who need a reminder. In February twenty twenty, Hannah Clark

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<v Speaker 1>and her three children were murdered by their children's father,

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<v Speaker 1>who was Hannah's estranged husband. And there was an inquest

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<v Speaker 1>into what led to Hannah Clark and her children's murder,

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<v Speaker 1>and it found that this man used really controlling behavior

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<v Speaker 1>towards Hannah from early on in their relationship and that

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<v Speaker 1>remained throughout the entirety of their relationship. And it was

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<v Speaker 1>really alarming stuff how this controlling behavior manifested. So the

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<v Speaker 1>inquest found that he was controlling a whole list of

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<v Speaker 1>things that I have here in front of me, and

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<v Speaker 1>I'll list some of them. So it was controlling things

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<v Speaker 1>like what she could wear. For example, it said she

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<v Speaker 1>wasn't allowed to wear shorts or skirts above the knee.

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<v Speaker 1>That was a rule that her husband at the time

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<v Speaker 1>imposed on her. He also controlled what she ate. He

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<v Speaker 1>attempted to isolate Hannah from her family and friends. He

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<v Speaker 1>would hack into Hannah's Instagram account to read her messages

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<v Speaker 1>without her knowing he would read her text messages while

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<v Speaker 1>she was asleep. He also hid recording devices around the

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<v Speaker 1>house and in Hannah's car without her knowing. Hannah also

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<v Speaker 1>actually told friends that she experienced sexual violence at the

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<v Speaker 1>hands of this man in the form of coercive control.

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<v Speaker 1>So she said that she was forced into having sex

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<v Speaker 1>with him every night, and if she did refuse, he

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<v Speaker 1>wouldn't talk to her for days, and he would yell

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<v Speaker 1>at her and threaten her. This list that I have

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<v Speaker 1>in front of me really just goes on and on

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<v Speaker 1>about all of the different ways that he completely controlled

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<v Speaker 1>her and abused her. And so this law is about

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<v Speaker 1>identifying that what he did to her is against the

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<v Speaker 1>law and is a standalone criminal offense. And so after

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<v Speaker 1>the murder of Hannah and her three children, it led

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<v Speaker 1>to Hannah's family starting a campaign to raise awareness firstly

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<v Speaker 1>about what coercive control is and recognizing that it absolutely

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<v Speaker 1>is a form of domestic violence, and also to criminalize it.

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<v Speaker 1>They really led this movement around the country to criminalize

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<v Speaker 1>coerse control, and they started with Queensland because that is

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<v Speaker 1>the state where Hannah and her three children were murdered.

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<v Speaker 1>And it's been a four year process to get to

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<v Speaker 1>this week, but we are finally here where coercive control

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<v Speaker 1>has become a criminal offense in Queensland.

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<v Speaker 2>I'm sure it's a really painful week for Hannah Clark's family.

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<v Speaker 2>I mean, it's taken four years of lobbying to get

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<v Speaker 2>the law to this point. Have we heard from them

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<v Speaker 2>this week?

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<v Speaker 3>Yeah.

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<v Speaker 1>So Hannah's parents, Sue and Lloyd Clark, spoke outside of

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<v Speaker 1>Parliament when this law was passed.

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<v Speaker 4>It's now up to the rest of us. Every day

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<v Speaker 4>Queensland is we need to speak out against those signs

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<v Speaker 4>of control when we see them in our mates, in

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<v Speaker 4>our family members, and even in ourselves, and recognized that

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<v Speaker 4>in Queensland this isn't just poor behavior anymore, it's a crime.

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<v Speaker 1>But Sue Clark also said that her work here is

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<v Speaker 1>not done.

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<v Speaker 4>We will continue to speak out until coercive control is

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<v Speaker 4>criminalized throughout Australia.

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<v Speaker 2>I'd love to talk to you about the rest of

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<v Speaker 2>the country and where this law sits in other states

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<v Speaker 2>and territories. But if we just stay on Queensland for

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<v Speaker 2>one more second, was there any opposition to this law

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<v Speaker 2>in the state.

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<v Speaker 1>So the Liberal National Party is the opposition in Queensland

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<v Speaker 1>and they did support this bill, but they had some

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<v Speaker 1>hesitations about how it was done. One thing that they

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<v Speaker 1>raised is about how it is defined. This is a

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<v Speaker 1>new term and it's a new term in law. As

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<v Speaker 1>we said, Queensland is only the second state to do this,

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<v Speaker 1>so it's really hard to define. And like we went

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<v Speaker 1>through with what happened to Hannah, there is a whole

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<v Speaker 1>range of things that this can include, and so it's

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<v Speaker 1>unlike some other crimes where it's not as specific.

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<v Speaker 2>Does that make sense, Yeah, And it's often the case

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<v Speaker 2>that you can be so prescriptive in describing a certain

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<v Speaker 2>set of behavior that it actually can disadvantage future victims

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<v Speaker 2>if that doesn't meet the same criteria.

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<v Speaker 1>Yeah, exactly. But what the opposition here is saying it

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<v Speaker 1>actually needs to be a little bit more specific and

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<v Speaker 1>at the moment, and it's too broad. So this Shadow

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<v Speaker 1>Attorney General Tim Nichols said there was a lack of

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<v Speaker 1>particularization on what constitutes coercive control and he said that

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<v Speaker 1>that needs to be addressed. Another thing that he raised

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<v Speaker 1>concerns about is how this will be rolled out. So

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<v Speaker 1>he said education and training should now be the main

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<v Speaker 1>priorities of both the community and the frontline workers in

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<v Speaker 1>order to effectively roll this out. And he also asked

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<v Speaker 1>for the government to explain how much funding it will

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<v Speaker 1>put behind the necessary training to do this, but from

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<v Speaker 1>what he said, the government hasn't provided that information yet. Also,

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<v Speaker 1>another thing that constantly comes up when we talk about

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<v Speaker 1>coercive control is how these laws will impact First Nations communities.

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<v Speaker 1>So First Nations advocacy groups have repeatedly flagged that coercive

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<v Speaker 1>control laws could actually further disadvantage women in their communities

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<v Speaker 1>because they're worried it could lead to victim survivors being

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<v Speaker 1>misidentified as perpose traders, which they say happens routinely already

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<v Speaker 1>and this could just exacerbate that.

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<v Speaker 2>Really complicated to try and get this right. And I

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<v Speaker 2>guess now as we look to how it could be

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<v Speaker 2>rolled out nationally, how is it looking in the rest

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<v Speaker 2>of Australia.

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<v Speaker 1>Yeah, so we mentioned Queensland is the second, New South

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<v Speaker 1>Wales was the first and they did that in twenty

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<v Speaker 1>twenty two. But there are conversations about how this could

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<v Speaker 1>be implemented elsewhere. So South Australia has announced it is

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<v Speaker 1>in the early stages of drafting laws to criminalize coercive control,

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<v Speaker 1>and also in Western Australia there's a conversation about if

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<v Speaker 1>this could happen there. A recent review also recommended strengthening

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<v Speaker 1>legislation to target coercive behavior. It's also worth mentioning that

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<v Speaker 1>in Tasmania there are laws criminalizing family violence, which could

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<v Speaker 1>include controlling behavior, but they just haven't specifically outlawed coercive

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<v Speaker 1>control as a standalone offense.

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<v Speaker 2>Okay, And this isn't the only reform in this space

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<v Speaker 2>that's happened in Queensland recently. I saw in our posts

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<v Speaker 2>that you also mentioned stealthing in Queensland.

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<v Speaker 3>Yeah.

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<v Speaker 1>So stealthing, for those who don't know, is the non

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<v Speaker 1>consensual removal of a condom during sex. And this has

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<v Speaker 1>also become a crime in Queensland this week as part

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<v Speaker 1>of that legislation with coercive control, and it means that

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<v Speaker 1>stealthying will now be recognized as rape in Queensland. And

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<v Speaker 1>this is part of the state moving towards an affirmative

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<v Speaker 1>consent model, which is another term I think we've heard

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<v Speaker 1>a lot more about in recent years, and it's about

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<v Speaker 1>recognizing that each person engaging in a sexual act needs

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<v Speaker 1>to actively seek consent from the other person. Gotcha, And

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<v Speaker 1>so this law in Queensland past this week brings the

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<v Speaker 1>state into line with Tasmania, New South Wales Act and

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<v Speaker 1>Victoria when it comes to stealthing.

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<v Speaker 2>We cover a lot of grounds in that episode that

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<v Speaker 2>can be quite distressing to listen to. And if there's

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<v Speaker 2>anything you want to discuss with a professional, you can

0:12:56.240 --> 0:12:59.120
<v Speaker 2>call one eight hundred respects on one eight hundred seventy

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<v Speaker 2>three seven seven three to two. That's all we've got

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<v Speaker 2>time for on today's episode of The Daily oz. Thank

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<v Speaker 2>you for listening. Please look after yourselves over the weekend,

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<v Speaker 2>be kind to yourself and we'll speak to you again

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<v Speaker 2>on Monday. My name is Lily Maddon and I'm a

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<v Speaker 2>proud Arunda Bungelung Calcoton woman from Gadighl Country. The Daily

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<v Speaker 2>oz acknowledges that this podcast is recorded on the lands

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<v Speaker 2>of the Gadighl people and pays respect to all Aboriginal

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<v Speaker 2>and Torres Strait Island and nations.

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<v Speaker 3>We pay our respects to the first peoples of these countries,

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<v Speaker 3>both past and present.