Anti-Stalking Law Proposal Sees Major Changes

  • Hon Paul Goldsmith

Justice Minister Paul Goldsmith is welcoming changes to toughen up the proposed anti-stalking law, including being triggered after two specified acts within 24 months.

"This change better recognises patterns in stalking behaviour and time that can pass between incidents. For example, stalking that occurs around anniversaries would not be covered under the original 12-month period," Mr Goldsmith says.

"We've said from day one victims are our priority. Returning them to the heart of our justice system underpins all our work to restore law and order.

"Stalkers have been able to evade real consequences for their actions for far too long. As I announced in November, the offence will have a maximum penalty of five years imprisonment.

"This builds on our work already underway to restore real consequences for crime, with our sentencing reforms coming into effect at the end of this month.

"I want to thank those who made submissions during the select committee process. Your input has identified some important ways we can combat this insidious behaviour.

"The Justice Committee has now put forward a raft of recommendations, which government parties have agreed to.

"This includes strengthening the pattern of behaviour definition to only require two specified acts, and within a two-year period."

Other changes made to the Bill by the Committee to enhance its effectiveness include:

  • Addressing the publishing of any statement or other material relating to the other person, or purporting to originate from that person (also known as doxing).
  • Adding new sections to enable the disposal of any intimate visual recordings possessed by a person convicted of the new stalking and harassment offence.
  • Adding the new offence to the Firearms Prohibition Orders regime, allowing those orders to be made when a person is convicted of the new offence.
  • Clarifying the new aggravating factor relating to stalking by more clearly linking the associated stalking and harassment-type behaviours to the offence the person is charged with.
  • Making it clear that restraining orders under the Harassment Act 1997 and orders under the Harmful Digital Communications Act 2015 can be made when a person is discharged without conviction in relation to the new offence.
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