This article contains references to domestic and family violence.
The definition of stalking could be updated in NSW to reflect the use of technology-facilitated tracking and monitoring by domestic and family violence abusers, in what advocates say is a "critical" step.
The change is part of a suite of proposed new legal reforms announced by the state government on Monday as it works to strengthen protections for victim-survivors.
Also among the proposed reforms, to be introduced to NSW parliament this month, are new offences for repeated breaches of Apprehended Domestic Violence Orders (ADVO) and the introduction of serious domestic abuse prevention orders.
“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," 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."
NSW Premier Chris Minns said the safety of victim-survivors is paramount — and the proposed laws reflect the risks posed. Source: AAP / Dan Himbrechts
"We support the key reforms because we see the need for keeping perpetrators in view, increasing accountability ... and making sure that we step in to protect predominantly women and children from particularly these high-risk offenders," she told SBS News.
Elise Phillips, deputy chief executive of the state's peak body DVNSW, said the reforms will "more effectively hold perpetrators accountable and send a strong message to the community that domestic and family violence is serious and will not be ignored".
Modernising the definition of stalking
Under the Crimes (Domestic and Personal Violence) Act 2007, the NSW government says the use of technology in a stalking offence has a "narrow scope".
It's defined as "contacting or otherwise approaching a person using the internet or any other technologically assisted means".
This would be amended to more clearly cover tracking or monitoring.
"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," the government said.
"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."
Bevan views this as "absolutely critical" in addressing technology-facilitated abuse.
"We have to make sure that our laws match the kind of technology and the kinds of ways that perpetrators are using technology to intimidate, coerce and harass victims of domestic and family violence."
Tracking, monitoring and other forms of technology-facilitated abuse
Technology-facilitated abuse is a wide-ranging term that encompasses digital technology being used to harm or abuse someone.
According to 2022 research from the Australian National Research Organisation for Women's Safety (ANROWS), this can include harassing behaviours, sexual violence and image-based abuse, monitoring and controlling, and emotional abuse and threats.
Australian research has shown it is a "growing concern" for service providers responding to domestic and family violence.
ANROWS' research found that one in two Australians have had at least one experience of such abuse in their lifetime.
About 37 per cent of victim-survivors reported their most recent experience was in a current or former partner relationship.
Around 62 per cent said the perpetrator was a man. Women were more likely than men to experience this form of abuse.
About one in three of respondents had experienced monitoring or controlling behaviours, or emotional abuse or threats. One in four had experienced harassment, or sexual or image-based abuse.
Bevan said stalking has now become a "major issue" across the domestic, family and sexual violence sector — and that the level of risk is high.
The NSW Crime Commission has recently sounded alarm around tracking devices being a "growing enabler" of serious crime.
In June, it released a report showing one in four people who bought GPS tracking devices had a history of domestic violence.
The commission analysed records of more than 5,500 devices sold in 2023 to more than 3,000 NSW-based customers. It also found 126 customers were Apprehended Violence Order (AVO) defendants at the time of purchase.
"Tracking and other surveillance devices are frequently used by perpetrators of domestic and family violence to stalk, harass, intimidate and monitor victims, sometimes leading to violent outcomes," the report states.
Technology-facilitated abuse 'has many faces'
Bevan acknowledged that this form of abuse "has many faces" and is moving quickly.
"When we think about things like the use of deep-fake pornography and image-based abuse, we're still catching up there," she said.
"But this legislation does assist us when we have stalking issues at play — and where there might be multiple forms of technology-abused abuse happening.
"We need to keep having the conversation."
Phillips said the fast-paced evolution of technology will constantly challenge legal systems.
"However, it is crucial legislation remains current, because we know from the frontlines that perpetrators weaponise technology for control," she said.
"We need to ensure our justice system considers the evolving ways perpetrators are stalking and abusing victim-survivors."
What other reforms are being proposed?
Under the proposals, two new aggravated AVO breach offences will be created.
Knowingly contravening an ADVO with intent to cause harm or fear will carry a maximum three-year jail sentence and/or an $11,000 fine.
Persistent breaches of an ADVO, three or more times within a 28-day period, will carry a maximum five-year prison term and/or a $16,500 fine.
The government will also introduce serious domestic abuse prevention orders, allowing a court to impose any conditions it finds appropriate to stop offences occurring.
Bevan said a scheme that intervenes with high-risk perpetrators known to police and the legal system is vital reform.
"There's a need for those interventions that take into account persistent offending … and make sure that those perpetrators are subject to a greater level of scrutiny," she said.
While DVNSW is supportive of the new ADVO offences, it recommended extending the period for a persistent breach to three months, to ensure the safety of victim-survivors "during an entire period of heightened risk".
The proposal also includes a reform to amend the Birth, Deaths and Marriages Registration Act to allow sole parents to change their children's name without needing a further court application.
Bevan stressed law reform is never enough to address domestic and family violence.
"Reform really matters. But we've got to be investing in our frontline and making sure that women can get support and get to safety when they need it. And, we absolutely need to be moving in prevention as well."
The premier acknowledged legislative reform alone: "will not end the scourge of domestic and family violence".
"But these laws send an important message that the safety of victim-survivors is the priority of the NSW justice system."
With additional reporting from the Australian Associated Press
If you or someone you know is impacted by family and domestic violence, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit . In an emergency, call 000.
