Legislative definition of ‘Stalking’ has been expanded

KEY TAKE OUTS:

• As of the 1 December 2024, the definition of ‘stalking’ was expanded.
• It is an offence to use technology to monitor or track the movements and activities of another person.
• The offence of stalking carries a penalty of up to five years imprisonment.

In 2024, New South Wales Premier Chris Minns committed to a range of reforms strengthening legal responses to criminal and family violence across the state. These reforms follow the alleged murder of 28-year-old Molly Ticehurst by her former partner earlier this year.

Technology plays a vital role in society today, with the Australian Communications and Media Authority reporting nearly 72% of Australian adults used social media apps in 2020.[1]

In response to the increased role of technology in modern society, the definition of stalking will be amended to more clearly cover technology facilitated tracking or monitoring conduct.

Under the Crimes (Domestic and Personal Violence) Act 2007, the use of technology in the offence of stalking has a narrow scope, defined as, ‘contacting or otherwise approaching a person using the internet or any other technologically assisted means.’

Under the amended definition it will explicitly state conduct which involves monitoring or tracking a person’s activities, communications or movements whether through technology or another way, and regardless of whether the victim is contacted or approached, constitutes stalking.

This means the use of GPS trackers or monitoring a person online will be captured under the Act, in the same way ‘in person’ conduct currently is. This revision will recognise the increasing role technologies such as GPS trackers play in criminal and family violence.

The offence of stalking under section 13 of the  Crimes (Domestic and Personal Violence) Act 2007 (NSW), carrying a maximum penalty of 50 penalty units, or imprisonment for five years, or both.

Stalking means:

1. Physically following a person.
2. Watching or frequenting a person’s place of residence, business or work, or any place a person attends for any social or leisure activity. This includes watching or frequenting the vicinity of or approach to these places.
3. Persistently contacting the person via technical means.

Stalking now includes:

4. The monitoring or tracking of a person’s activities, communications or movements whether by using technology or in another way, and whether or not the monitoring or tracking involves contacting or otherwise approaching the person.

[1] https://www.acma.gov.au/sites/default/files/2020-09/Trends-in-online-behaviour0-and-technology-usage-ACMA-consumer-survey-2020.pdf

If you are facing a charge of stalking, please contact Coutts on:

1300 COUTTS 

Or  

Call our criminal law hotline on 02 8324 7527  

Schedule an Appointment Now

Logan joined the Coutts team in July 2024, working with our Criminal and Family Law teams.

She has completed both a Bachelor of Laws and a Bachelor of Criminology.

Logan’s background in marketing and corporate events has honed her strong time management skills. She has organised and managed large-scale corporate events, such as awards nights, charity events, and corporate partnerships, handling multiple stakeholders and tight deadlines with ease.

Her future professional goals include furthering her learning and spending more time in front of the court.