Tracking, Monitoring Online To Be Treated the Same as In-Person Stalking in NSW

The new definition of stalking was unveiled by the NSW government on Sept. 2.

A GPS navigation device. Mikhail TereshchenkoTASS via Getty Images

Tracking and monitoring with technology will be considered stalking under new modern reforms unveiled by the New South Wales (NSW) government.

The new laws, to be introduced into Parliament in September, will treat monitoring and tracking online in the same way as “in-person” stalking.

This change is part of a major reform to the Crimes (Domestic and Personal Violence) Act 2007, including tougher penalties for breaching an apprehended domestic violence order (ADVO).

In response to the danger posed by repeated intentional breaches of an ADVO, the government will create two new aggravated offences.

This will include knowingly contravening an ADVO with intent to cause harm or fear and a new offence for multiple breaches of an ADVO.

What Are the Changes to the Stalking Definition?

Currently, the 2007 legislation defines stalking as “contacting or otherwise approaching a person using the internet or any other technologically assisted means.”

Under the changes, any monitoring or tracking of a person’s movements will be considered stalking, whether or not the person contacts the victim. This could include the use of trackers or monitoring a person on the internet.

‘Everyone Should Feel Safe In Their Home’: Premier

NSW Premier Chris Minns said everyone should be able to feel safe in their own home, but all too often, for many, that is not the case.

“When that right has been taken away from someone, these laws aim to support victim-survivors in feeling and being safe again,” he said.

“The safety of victim-survivors of domestic and family violence is paramount and these laws reflect the risk posed by intentional and ongoing breaches of ADVOs.”

Minns recognised that legislative reform alone would not end domestic and family violence but send a strong message.

“These laws send an important message that the safety of victim-survivors is the priority of the NSW justice system.”

What Else is Changing?

The fines and jail time for the new aggravated ADVO breaches will more than double under the new legislation.

Knowingly contravening an ADVO could result in three years in prison and a $11,000 (US$7,460) fine, while three breaches of an ADVO within 28 days could result in five years in prison and a $16,500 fine.

Attorney General Michael Daley said the new laws were tough but necessary to keep women safe from domestic and family violence.

“There are simply too many instances of domestic abuse and violence against women. It must stop; and these new laws are the next step that the Minns government is taking to ensure that police and prosecutors are empowered to protect victim-survivors of domestic abuse,” he said.

Further, the government will introduce new Serious Domestic Abuse Prevention Orders for individuals convicted of two or more domestic violence offences or a “serious domestic violence offence” against a relative or partner.

Under this change, the court could impose any conditions they consider appropriate, including a requirement to inform police about creating a dating profile.

These orders, which could be sought by the Police Commissioner or Director of Public Prosecutions, would include fines of up to $33,000 and five years prison for breaches.

Finally, the government’s reforms include changing a child’s name easier. A sole parent will be able to do so if they have a Family Court order allowing them to do so.

Under current legislation, both parents must apply to change a child’s name unless there is no other surviving parent or only one parent is named on the child’s birth certificate.

Safety of Women And Children

Women’s Safety Commissioner Hannah Tonkin said the reforms send a clear message that domestic and family violence will not be tolerated.

“The community has called for wide-ranging action to address the shocking rates of domestic and family violence, including measures to prevent violence as well as stronger accountability for perpetrators,” she said.

Meanwhile, Prevention of Domestic Violence and Sexual Assault Minister Jodie Harrison said too many lives had been lost to domestic and family violence.

“These proposed reforms strengthen existing protections to keep victim-survivors safe, while the new Serious Domestic Abuse Protection Orders help reduce the future risk of violence,” she said.

“We have listened to the domestic violence sector and advocates about what is needed to ensure the safety of victim-survivors—and acted.”

The NSW Coalition proposed earlier this year to extend electronic monitoring in bail to serious domestic violence cases.

NSW Opposition Leader Mark Speakman introduced new laws on coercive control in intimate partner relationships while in government, which he described at the time as “a red flag for domestic violence homicide.” These laws came into force in July 2024.

Shadow Minister for Prevention of Domestic Violence Leslie Williams recently toured a new refuge for domestic violence victim-survivors and their children.

“I don’t want a single person in the Port Macquarie electorate to be harmed by domestic and family violence, but until we can remove this scourge from our society, it is crucial we have supports in place for victims,” she said.