Tracking a partner with smart tech considered stalking under changes to NSW domestic violence laws
The NSW government will modernise the definition of “stalking” to cover smart technology facilitated tracking increasingly being weaponised by domestic abusers as part of a suite of reforms that aim to strengthen protections for victim-survivors of domestic and family violence.
They will also increase the penalties for repeated and serious breaches of apprehended domestic violence orders (ADVOs), introduce serious domestic abuse prevention orders, and make it easier and safer to change a child’s name.
The premier, Chris Minns, 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”.
“Everyone should be able to feel safe in their own home, but all too often for many that is not the case.”
Minns vowed that the state would learn from 28-year-old Molly Ticehurst’s “preventable” death in June, after her parents called for changes to a government program they said gave her “false hope” of home safety. Ticehurst’s former partner was charged with her murder, as well as breaching an apprehended domestic violence order.
The women’s safety commissioner, Hannah Tonkin, said the reforms, to be introduced in parliament this month, “prioritise the safety of women and children and send a clear message that domestic and family violence will not be tolerated”.
New offences for repeated and serious breaches of an ADVO
The current offence of breaching an ADVO carries a maximum of two years’ imprisonment and/or a $5,500 fine but a new offence will be created for knowingly contravening an ADVO with intent to cause harm or fear, enforced by a maximum of three years’ imprisonment and/or an $11,000 fine.
The other new offence will be for repeated breaches of an ADVO where a person knowingly contravenes an ADVO three or more times within a 28-day period. This will be punishable by up to five years’ imprisonment and/or a $16,500 fine.
“The addition of this offence reflects and responds to the fact that persistent breaches within a short timeframe indicate an escalation of behaviour and therefore a greater risk,” the government said.
Serious domestic abuse prevention orders
The NSW government will also introduce serious domestic abuse prevention orders (SDAPO), adapted from the serious crime prevention orders scheme, which responds to organised crime.
These will allow the court to impose any conditions to prevent the person’s involvement in domestic abuse, which will include positive obligations such as requiring them to tell police about any dating profiles they create or use.
SDAPO will available if the person has been convicted of two or more domestic violence offences that carry a maximum penalty of seven years’ imprisonment or higher, or where the person has been charged with a “serious domestic violence” offence against a relative or current/former intimate partner, regardless of whether the person has been tried, acquitted, or had their conviction quashed or set aside.
Modernising the definition of ‘stalking’
Recognising the increasing role technology plays in domestic and family abuse, the definition of stalking under the Crimes (Domestic and Personal Violence) Act 2007 will be amended.
Currently, the use of technology is 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,” 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.”
Making it easier to change a child’s name
The Births, Deaths and Marriages Registration Act 1995 will also be amended to allow a sole parent to change their child’s name if they have a family court order allowing them to do so.
Currently under the act, both parents must apply to change a child’s name.
“These requirements may pose a safety risk to victim-survivors of domestic violence who are seeking to change their child’s name as they are unable to do so without re-engaging with the perpetrator,” the government said.
Under the current system, there is also the risk of the perpetrator seeing the contact details or new name of the child, “undermining the desire to change a child’s name for protective reasons.
“This amendment will resolve this issue,” the government said, bringing New South Wales into line with other jurisdictions.
The attorney general, Michael Daley, said “these new laws are tough, they’re very tough, but unfortunately, they’re necessary to keep women safe from domestic and family violence”.
