This Article At a Glance
- New South Wales is entering a legislative review of its criminal coercive control laws to potentially expand protections beyond intimate partner relationships.
- From 1 July 2026, employers must pay superannuation on the same day as salary or wages, which will create more accurate asset pools for property settlements.
- Parents receiving government funded Paid Parental Leave will also receive 12% superannuation contributions starting in July 2026.
- The childcare subsidy activity test was removed on 5 January 2026 for most families, guaranteeing at least 72 hours of subsidised care per fortnight.
If this topic resonates with you, you are likely navigating one of the most challenging transitions of your life. Perhaps you are worried about protecting yourself from a controlling partner or trying to understand how new superannuation rules affect your property settlement. But whatever brought you here, you are taking an important step by staying informed. As we enter 2026, take time to fully understand the changes that matter most for your situation.
This guide covers coercive control laws, superannuation changes, new childcare rules, and an update on how the June 2025 reforms are working in practice. Go over the information and learn exactly what it means for Camden families.
Coercive Control Laws and the 2026 Review
NSW Coercive Control First Year Results
On 1 July 2024, New South Wales became the first Australian state to criminalise coercive control in intimate partner relationships. We are now seeing the results of the first full year of enforcement. Between June 2024 and June 2025, NSW Police recorded 297 incidents, and five prosecutions had commenced as of April 2025. The maximum penalty for this offence is seven years imprisonment.
Understanding Coercive Control
Coercive control is a pattern of behaviour where someone deliberately uses abuse to dominate, isolate, or control their partner. Common examples include financial control by restricting access to money, surveillance of movements or messages, social isolation from friends, and psychological abuse like gaslighting or threats. It is important to note that while these criminal laws only apply to behaviour after 1 July 2024, earlier behaviour remains relevant for family law remedies.
The 2026 Legislative Review
The NSW Government will commence a formal review of this legislation in 2026. While the current law focuses on intimate partners, the review will consider whether to expand the criminal offence to other relationship types. A final report is expected to be tabled in Parliament by July 2027.
Comparison with Queensland’s Hannah’s Law
Queensland’s coercive control laws, known as Hannah’s Law, became operational on 26 May 2025. These laws are broader than those in NSW because they apply to intimate partners, family members, and informal carers. Queensland also carries a much higher maximum penalty of 14 years imprisonment. While NSW prepares for its review, our neighbours in the north have already implemented these broader protections.
Intersection with Family Law
Coercive control is classified as family violence under the Family Law Act 1975. This means the courts must consider its economic effect when dividing property and its impact on the best interests of children when making parenting orders. These criminal and family law systems work together to provide comprehensive protection.
Payday Superannuation and Property Settlements
Significant Changes from 1 July 2026
Currently, employers pay superannuation quarterly, often within 28 days after a quarter ends. Starting 1 July 2026, the system moves to real time payments. Employers must pay your superannuation at the same time they pay your salary and wages. Funds must reach your superannuation account within seven business days of payday.
Why This Matters for Your Settlement
In our Camden practice, we have seen superannuation disputes add months to negotiations. Payday super will make the property pool much clearer. Because contributions are paid frequently, valuations will be more accurate and missing super will be detected in weeks rather than months. This reduces confusion and the likelihood of prolonged disputes about the timing of contributions.
Real World Impact for Primary Carers
A recent client discovered an employer had failed to pay superannuation for 18 months. Because payments were quarterly, the gap was not found until we conducted a comprehensive audit during property settlement. Under the new payday system, this $12,000 missing entitlement would have been flagged almost immediately.
Before July 2026, we recommend requesting current statements to verify your employer is paying correctly. This documentation is essential if you are considering or going through a separation.
Superannuation on Paid Parental Leave
A New Entitlement for Parents
From 1 July 2026, parents receiving government funded Paid Parental Leave (PPL) will also receive superannuation contributions at the standard 12% rate. The ATO will automatically pay these contributions into your super fund after the end of the financial year. It is estimated that a mother of two could be $14,500 better off in retirement due to this change.
Addressing the Retirement Savings Gap
In 15 years of practice, we have seen too many women leave a relationship with inadequate retirement savings because they prioritised family over their career. This change helps address that disparity. When the court assesses your future needs during a property settlement, your superannuation balance directly affects your financial security.
This means the superannuation pool will be larger, and the gap between partners may be smaller. The June 2025 reforms already require courts to recognise non-financial contributions like childcare, and this new super entitlement supports fairer outcomes for primary carers in Camden.
Childcare Subsidy Reforms
Removal of the Activity Test
On 5 January 2026, the activity test for the Child Care Subsidy was removed for families earning up to $530,000. This is a major shift from the old system where subsidised hours were strictly linked to how many hours a parent worked or studied. Now, all eligible families are guaranteed at least 72 hours of subsidised care per fortnight.
Financial and Practical Impact
Families earning between $50,000 and $100,000 are expected to save an average of $1,460 per year. For separating families, this provides crucial breathing room while establishing financial independence. It also offers return to work flexibility, allowing you to access three days of care regardless of your current work status while you look for a new job or establish new employment patterns. Furthermore, since childcare costs factor into child support assessments, these increased subsidies may affect those calculations.
June 2025 Reforms Six Months On
The Codified Property Framework
It has been six months since the most significant property reforms in decades came into effect on 10 June 2025. The new framework follows a clear four step process: identifying assets and superannuation, assessing contributions, considering future needs, and ensuring the final result is just and equitable. In practice, this clearer guidance is helping more Camden families reach settlements through mediation rather than litigation.
Economic Effect of Family Violence
The 2025 amendments require courts to explicitly consider the economic effect of family violence in property settlements. For example, in a recent matter, we demonstrated how one partner’s financial control prevented our client from developing career skills. The court adjusted the property settlement to account for this abuse, resulting in a significantly fairer outcome.
Children’s Contact Services Accreditation
During 2026, the government will also establish new accreditation rules for Children’s Contact Services. Once these regulations are in place, courts will only refer families to services that meet strict safety standards and staff qualification requirements.
2026 Key Dates Summary
| Date | Change | Impact |
| 5 January 2026 | Childcare subsidy activity test removed | 3 days guaranteed subsidised care |
| 1 July 2026 | Payday superannuation commences | Super paid with wages |
| 1 July 2026 | Super on Paid Parental Leave starts | 12% contributions on PPL |
| Mid 2026 | NSW coercive control review commences | Possible expansion of laws |
| During 2026 | CCS accreditation regulations expected | Safer children’s contact services |
Frequently Asked Questions
Do these 2026 changes apply to my existing family law matter?
Childcare subsidy changes apply immediately. Superannuation changes affect valuations from 1 July 2026. The June 2025 property reforms apply to any matter where a final hearing has not yet commenced.
I experienced coercive control before July 2024. Can anything be done?
Yes. While the criminal offence is not retrospective, that behaviour is highly relevant to your family law matter regarding property and parenting, and it can support applications for protection orders.
How will payday superannuation affect my property settlement?
It will make the process more transparent. Your super balance will be more current, making the calculation of the property pool clearer and reducing disputes over missing contributions.
What if my former partner wasted money before our separation?
The June 2025 reforms allow courts to consider intentional or reckless wastage of assets. You should document any evidence of this wastage to present to your legal team.
Secure Your Future Today
Navigating these changes can feel overwhelming, but you do not have to do it alone. At Family Focus Legal, our experienced Camden team provides the expert guidance and compassionate support you need during this time. Whether you need a confidential consultation to understand your unique situation or require representation for a complex property settlement, we are here to help.
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