Stalking in Secret? NSW Proposes New Legislation
Warning: This content contains references to coercive control, stalking and forms of violence.
In June of 2024, the New South Wales Crime Commission released the Project Hakea Report.
The Commission examined 5,500 tracking devices sold to 3,000 NSW-based customers from the start of 2023.
It found that 1 in 4 customers had a history of domestic or family violence.
The report also revealed that 37% of customers were known to police, with 15% having a history of serious, organised crime.
The statistics in Hakea supported fears held by many advocacy groups that tech-based stalking and cybersurveillance are supporting crime.
Following Hakea, a new bill introduced to NSW Parliament could extend the definition of stalking.
Proposed Changes
Introduced in May, the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2026 is progressing through Parliament, aiming to make significant changes to laws on surveillance and stalking.
The greatest change to legislation is the criminalisation of covert stalking.
Covert stalking is defined within the bill as ‘stalking a person in circumstances in which the person is unaware of the stalking when the stalking occurs’. This new offence aims to close gaps in the current law.
Essentially, an alleged victim no longer has to be aware that they are being stalked. Instead, the proposed law adopts an objective test. This means that the ‘reasonable person’ would believe the victim would fear mental or physical harm if they found out about the covert stalking.
The criminalisation of covert stalking is not the only amendment highlighted in the bill. The promotion or advertisement of surveillance devices in a way that contravenes these changes would likewise be criminalised, alongside the disqualification of applicants for roles in the security industry following certain domestic violence offences.
The legislation also addresses third-party stalking or investigation, meaning it would be an offence to direct a third party to partake in stalking on behalf of yourself, or someone else. This could hold potential ramifications for private investigators.
The maximum penalty for covert stalking would be the same as other forms of stalking. Offenders could face up to 5 years’ imprisonment, 50 penalty units (a fine of up to $5,500), or both.
Previous Reform
Following the death of Molly Ticehurst in 2024, NSW Premier Chris Minns stated he would learn from anything that went wrong in the lead-up to the event. That same year, the Minns Government introduced amendments to the Crimes (Domestic and Personal Violence) Act 2007, alongside introducing Serious Domestic Abuse Prevention Orders.
A significant amendment was redefining stalking. Previously, the offence had a ‘narrow scope’ in regard to the use of technology. The amendment explicitly included monitoring and tracking through technology as stalking, and allowed for ‘the use of GPS trackers or monitoring a person online’ to be captured under the Act.
Not a Standalone Issue
Covert stalking and the concerning statistics surrounding it fit into a larger discussion regarding tech-based abuse and digital violence.
The eSafety Commissioner lists a range of warning signs of tech-based abuse, including but not limited to the monitoring of online activity, cyberstalking and controlling online communication. The eSafety Commissioner also explains how digital violence contributes to domestic and family violence, sexual violence, and coercive control.
Coercive control, which was criminalised in July 2024, can exist through patterns that are similar to or involve tech-based stalking. In 2025, 60 per cent of 224 recorded coercive control incidents involved some form of monitoring and tracking. Using certain tracking apps ‘such as Life360 or Instagram’ to observe someone’s movement and what they are doing repetitively can fall under the definition. Proposed laws could therefore include individuals who monitor or stalk covertly too.
When commenting on the changes, NSW Women’s Safety Commissioner Hannah Tonkin stated that,
Outside of New South Wales
When examining the broader global context, New South Wales’s proposed covert stalking and cyberstalking laws are relatively modernised. However, other Australian states and territories, and countries are similarly reforming their legislation to account for a changing technological climate.
South Australia has seen similar reform, bringing laws into effect that ‘better cover digital stalking activities’. Like the proposed New South Wales amendments, the offence no longer requires proof that the alleged offender intended to cause ‘serious’ physical or mental harm, instead only requiring physical or mental harm. This is intended to lower the threshold and make it easier for action to be taken against perpetrators.
On 26 May 2026, New Zealand explicitly criminalised and defined harassment and stalking. The offence consists of two specified acts, on two separate occasions within two years. The offender must know that the acts would likely cause the victim distress or fear. These behaviours can involve recording or tracking, and extend to digital applications like using spyware or artificial intelligence.
Altogether, over 50 countries have implemented some form of expanded definition for cyberstalking and digital violence, including the United Kingdom, India and Canada.
The Future of the Proposed Amendments
The scope of the proposed changes is uncertain; however, they are likely to be a lot broader than previous amendments.
If implemented, the amendments may also raise questions about monitoring social media accounts and other digital actions that could be used as evidence against alleged offenders. Moreover, a lower threshold for prosecution could lead to an increase in action taken against perpetrators.
Attention will turn to the NSW Parliament for when legislation will commence.
