On 1 December 2024, the definition of stalking was expanded in NSW meaning that it is now an offence to use technology to track or monitor the activities and movements of another person.

Section 8 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) defines stalking, which now encapsulates the following:

(a) the following of a person about,

(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,

(b1) the monitoring or tracking of a person’s activities, communications or movements—

(i) whether by using technology or in another way, and

(ii) whether or not the monitoring or tracking involves contacting or otherwise approaching the person,

(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.

For the court to determine that a person’s conduct amounts to stalking, the conduct must involve a persistent course of behaviour or actions that are intended to maintain contact with or exercise control over another person.

This new definition now means that conduct, such as using listening devices to listen to private conversations or using a GPS tracking device to monitor another person’s movements, constitute stalking.

Stalking is a criminal offence. Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 outlines that “A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.”

The maximum penalty for this offence is five (5) years imprisonment.

If you have been charged with a stalking offence, you need expert advice and assistance to help you navigate the legal system and get the right result for you. The team at Streeton Lawyers can help. Call Streeton Lawyers on 02 9025 9888 for a free and confidential initial discussion.