Online Tracking and Monitoring to be Equated with In-Person Stalking in NSW

September 2, 2024 TruthUSA

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

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

The new legislation, set to be presented to Parliament in September, will equate online monitoring and tracking to “in-person” stalking.

This update is part of a significant reform to the Crimes (Domestic and Personal Violence) Act 2007, which also includes stricter penalties for breaching apprehended domestic violence orders (ADVO).

To address the threat posed by repeated deliberate breaches of an ADVO, the government will establish two new aggravated offenses.

These offenses involve knowingly violating an ADVO with the intent to cause harm or fear, as well as a new offense for multiple breaches of an ADVO.

What Are the Changes to the Stalking Definition?

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

With the new changes, any monitoring or tracking of a person’s movements will qualify as stalking, regardless of direct contact with the victim. This could include using trackers or monitoring someone online.

‘Everyone Should Feel Safe In Their Home’: Premier

NSW Premier Chris Minns emphasized the right of everyone to feel safe in their residence, which is often compromised for many individuals.

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

“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 acknowledged that legislative changes alone would not eradicate domestic and family violence, but it sends a powerful message.

“These laws convey a crucial message that the safety of victim-survivors is the NSW justice system’s top priority.”

What Else is Changing?

The penalties and imprisonment for the new aggravated ADVO violations will more than double under the revised legislation.

Deliberately contravening an ADVO could lead to a three-year prison sentence and an $11,000 (US$7,460) fine, while three ADVO breaches within 28 days could result in a five-year prison term and a $16,500 fine.

// More content

Source link