By Paul Gregoire and Ugur Nedim
In response to the findings of the June 2024 NSW Crime Commission Project Hakka report, the NSW government has introduced legislation aimed at preventing domestic violence (DV) perpetrators from using tracking devices to covertly surveil intimate partners, along with outlawing other forms of covert stalking.
The NSW attorney general introduced the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2026 on 5 May.
The legislation broadens the definition of stalking to include when it is being done covertly, and it then creates the offence of covert stalking, whilst outlawing the promotion of electronic devices capable of determining or monitoring geographical location for the purpose of stalking.
Project Hakka found that tracking devices, often known as GPS devices, are being used to “stalk, harass, intimidate, and monitor victims”, which is, at times, “leading to violent outcomes”. The NSW Crime Commission further found that since early 2023, one in four known purchasers of such devices had a history of domestic violence, while some retailers were promoting them for stalking purposes.
NSW attorney general Michael Daley underscored that the legislation is intentionally putting domestic and family violence offenders “on the same footing” as those who commit criminal offences related to guns, illegal drugs, assault, fraud, robbery, stalking, intimidating and terrorism.
The Surveillance Devices Act 2007 (NSW) provides a general prohibition against using tracking devices without consent under section 9. Between 2010 and 2023, 96 individuals have been charged with this offence, which carries up to 5 years prison and/or a fine of $55,000, and 79 of them were DV-related charges. And the report found that number hardly reflects the prevalence of the practice.
“I repeat,” the AG added, “that the Minns government is treating domestic and family violence offenders as amongst the worst criminals in the state for one simple reason: they are.”
The offence of covert stalking
Section 8 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (the DPV Act) defines stalking as following a person or watching or visiting or approaching places the victim frequents, monitoring an individual’s movements and communications, including using technology, monitoring or tracking, along with the contacting of someone via the internet or other technology.
NSW Labor’s bill will insert subsection 8(d) into the DPV Act, so that stalking also includes “directing another person to engage” in any of the conduct currently included in the definition, and the other individual goes on to carry out the act of stalking. So, an individual who asks another person to stalk someone for them, is responsible for these acts and is considered a stalker if found guilty.
The bill then inserts a completely revised version of the section that currently contains the offence of stalk/intimate, which is contained under section 13 of the DPV Act. New subsection 13(1) continues to contain the offence of stalking or intimidating another person with the intention to cause fear of physical or mental harm, and it continues to carry up to 5 years imprisonment and/or a $55,000 fine.
New subsection 13(2) of the DPV Act includes a broad clarification about the subsection 13(1) offence. It notes that these acts are stalking when committed against a person the defendant is in a domestic relationship with, that the person intends to cause the fear if they knew they likely would cause fear, and the prosecution doesn’t have to prove the staled person was actually in fear.
The proposed new offence of covert stalking is contained under subsection 13(3) of the DPV Act. The crime involves an individual covertly stalking another and provides that if the person was aware that these circumstances were happening, they would likely have felt fear of physical or mental harm to either themselves or someone that they are in a domestic relationship with.kloo
So, this offence would apply to covertly stalking someone with a GPS or other type of tracking device and, as the AG explained on introducing the bill, it would also include an individual hiring a private investigator to monitor another person, if it was proven that the individual knew it would likely cause the subject under investigation to fear physical or mental harm.
The maximum penalties for the proposed offence of covert stalking are up to 5 years gaol time and/or a fine of $55,000.
New subsection 13(4) provides that an individual who attempts to commit the offences of stalk/intimidate or covert stalking is guilty of that offence and faces the same maximum penalties.
And new subsection 13(5) clarifies that “covert stalking means stalking a person in circumstances in which the person is unaware of the stalking when the stalking occurs”.
Prohibiting advertising promoting illegal surveilling
The legislation introduced by the state’s chief lawmaker inserts a new definition of ‘use’ into the Surveillance Devices Act (SD Act). This outlines that, in reference to a surveillance device, use includes using a device to record a conversation or some other activity, and it also includes when an individual is monitoring the device itself.
New section 13A of the SD Act contains the proposed new offence of promoting the use of a surveillance device in contravention of part 2A of the SD Act.
Part 2A of that Act contains measures regulating the installation, use and maintenance of surveillance devices, including tracking devices, and further sets out prohibitions against covert or nonconsensual use of these devices in these ways, as well as any publication of material sourced in this manner.
So, if the prosecution proves that a person is found to have advertised a surveillance device for sale and intentionally promoted the use of it in a manner that is prohibited, they are then guilty of the offence. “A person” in this case applies to both a natural person and corporations, in accordance with the definition contained in schedule 4 of the Interpretation Act 1987 (NSW).
This new offence would carry up to 5 years imprisonment and/or a fine of up to $11,000 for a natural person and a corporation would face a fine of up to $55,000.
Prohibiting security work for DV offenders
Daley’s bill further amends clause 15 of the Security Industry Regulation 2016 (NSW) (SIR), which lists the types of offences and civil penalties that disqualify a person from applying for a licence to work in the security industry.
New subclause 15(1)(i1) provides that disqualification includes DV offences within the meaning of the DPV Act, as well as an offence when recorded under the provisions of section 12 of the DPV Act.
The final amendment within the new legislation involves inserting the following clarifications under schedule 4 of the SIR, which include that a relevant DV offence cancels the ability to obtain a security licence only if the application is made after the new law is enacted.
In terms of license renewal, a relevant DV conviction does prevent this when the individual has been convicted after the law commences, and a decision about revoking a security licence in relation to the commission of a relevant DV offence, can only be considered if the individual is convicted after the new regime is operational.
Break and enter to covertly stalk
Daley further set out during his 5 May 2026 second reading speech on the bill that because the proposed offence of covert stalking carries a maximum of 5 years imprisonment, this makes it a serious indictable offence.
“Therefore, the offence may be relied on to ground charges, like breaking and entering and committing a serious indictable offence under section 112 or breaking and entering with intent to commit a serious indictable offence under section 113 of the Crimes Act 1900 (NSW), where relevant to the covert stalking conduct,” the chief lawmaker of NSW explained.
