In response to advocacy groups calling on successive governments to recognise stalking as a crime, in December 2024 the Government introduced the Crimes Legislation (Stalking and Harassment) Amendment Bill (Bill), which would make stalking and harassment a new criminal offence. Research conducted here and overseas underlines the emotional, psychological, social and economic impact that stalking exacts, and that it is a significant predictor of serious assault, including homicide.
The Bill asserts that current legislation addresses harassment but does not adequately address stalking or provide adequate protection for victims. To address this, the Bill would repeal the offence for criminal harassment in the Crimes Act and replace it with a new stalking and harassment offence.
Stalking and harassment would be defined as a pattern of behaviour by a person (perpetrator) that includes at least three specified acts to another person (victim) in a 12-month period, with the perpetrator knowing that it was likely to cause fear or distress to the victim. A perpetrator’s actions may include the same or different types of specified acts, which include:
- Watching, following, loitering near, or obstructing a person;
- Recording or tracking;
- Contacting or communicating;
- Damaging, devaluing, moving, entering, or interfering with taonga or property (including pets);
- Damaging or undermining a person’s reputation, opportunities, or relationships;
- Acting in any way that would cause fear or distress to a reasonable person.
Also covered is that the specified acts may be done directly or indirectly to any third-party individual because of their family relationship with the person being stalked; for example, where children or friends are targeted to cause fear or distress to the victim. The Bill provides that a specified act may be carried out by or through any means including tracking devices, digital applications, spyware, drones, or the use of artificial intelligence.
The penalty for an offence of stalking and harassment would carry a maximum of five years imprisonment. By comparison, a conviction for criminal harassment under current legislation carries a maximum sentence of up to two years.
To support the new offence, the Bill would include the following amendments to the Sentencing Act 2002:
- Allow for restraining orders under the Harassment Act and orders under the Harmful Digital Communications Act to be made at sentencing of stalking and harassment. Currently, victims have to go through additional court processes to obtain these orders.
- Add two new aggravating factors that the court must consider at sentencing: one where an offence was committed while the offender was under a restraining order, and another that takes into account the cumulative harm of an offender’s behaviour over a prolonged period.
The Bill would also amend the Arms Act to disqualify a person convicted of stalking in the previous 10 years from holding a firearms licence and amend the Family Violence Act to expand the definition of psychological abuse to include stalking.
At its first reading, the Bill had cross-party support. The Justice Select Committee report is due 10 June.