Coercive Control Laws and the Private Investigator

24 Apr Coercive Control Laws and the Private Investigator

Understanding Queensland’s Coercive Control Laws: Implications for Private Investigators

Queensland is set to introduce landmark legislation criminalising coercive control, effective from May 26, 2025. This reform, known as the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, establishes coercive control as a standalone criminal offence with penalties of up to 14 years imprisonment.

Coercive control refers to a pattern of abusive behaviours aimed at dominating, manipulating, and diminishing the autonomy of another person. These behaviours can include isolating someone from their support network, monitoring their activities, controlling their finances, and using threats to instil fear.

The introduction of these laws marks a significant shift in Queensland’s approach to domestic and family violence, recognising the serious impact of non-physical abuse. However, this also brings new responsibilities and risks for professionals involved in investigations and surveillance, particularly private investigators.

The Role of Private Investigators in the Context of Coercive Control

Private investigators in Queensland are licensed under the Security Providers Act 1993. Their primary functions include gathering information, conducting surveillance, and providing evidence for legal proceedings. However, with the advent of coercive control laws, their role becomes more complex.

The Queensland Government has issued new guidance for private investigators to help prevent domestic and family violence and avoid facilitating coercive control. This guidance stresses the importance of ethical practices and awareness of the legal implications of their work.

Legal and Ethical Considerations

Under the new laws, it will be illegal for individuals, including private investigators, to engage in domestic violence behaviours on behalf of a respondent (the person using violence). This includes actions such as surveillance intended to intimidate or control the victim.

Private investigators must ensure that their activities do not inadvertently support or enable coercive control. For instance, conducting surveillance that invades a person’s privacy without consent could be construed as harassment or stalking, both of which are criminal offences. Similarly, gathering information to be used in a manner that facilitates control over another person could lead to legal repercussions.

Implications for Investigative Practices

To comply with the new laws, private investigators should adopt the following practices:

1. Have a Client Sign the Acknowedement Form: The Department of Justice has issued licensed investigators with a special “Guidance for Private Investigators” worksheet which Lipstick Investigations will be sending to potential clients  who intend carrying out surveillance on a partner or ex-partner. The client will be required to sign this form and acknowledge that they understand potential implications of the new laws. 
2. Maintain Professional Boundaries: Avoid becoming personally involved in the cases they investigate. Personal involvement can cloud judgment and lead to actions that may inadvertently support coercive control.
3. Adhere to Legal Guidelines: Stay updated on the latest laws and regulations governing their work. This includes understanding the nuances of the coercive control laws and how they apply to investigative practices.
4. Provide Accurate and Objective Reporting: Ensure that all findings are reported accurately and objectively, without bias or interpretation that could influence the outcome of legal proceedings.
5. Collaborate with Legal Professionals: Work closely with lawyers and other legal professionals to ensure that their findings are used appropriately and ethically in legal contexts.

Conclusion

The introduction of coercive control laws in Queensland represents a significant advancement in the protection of individuals from domestic and family violence. However, it also imposes new responsibilities on professionals involved in investigations. Private investigators must navigate these changes carefully, ensuring that their practices align with legal and ethical standards. By doing so, they can continue to provide valuable services while contributing to the broader effort to combat coercive control.

As Queensland moves forward with these reforms, it is crucial for all professionals, including private investigators, to stay informed and adapt to the evolving legal landscape. This will not only ensure compliance but also promote a safer and more just society for all.

We also understand that New South Wales are working on similar guidelines, so we can only assume the reat of Australia will follow suit in the future. We hope that our clent’s understand Lipstick Investigations will be adhering to these new guidelines which is a proection mechanism for the client as much as it is for our business and industry.

For more information on the new laws and their implications, visit the Queensland Government’s official website.