The NSW Government has announced plans to outlaw using tracking devices like AirTags for stalking.
It follows warnings from authorities and advocates about new technology being weaponised to monitor and control partners.
A ban on GPS and/or surveillance devices to stalk someone is one of several proposed reforms in the state.
Other plans include making it easier to change a child’s name to protect them from domestic violence.
Legislation on the reforms is expected to be introduced this month.
Tracking devices
Domestic violence awareness groups say using a tracking device to monitor someone’s location can be a form of “technology-facilitated abuse”.
Examples include using a GPS or Bluetooth-enabled tracker with real-time updates, or software installed on a person’s devices.
These devices (e.g. Apple AirTags, Samsung Galaxy SmartTags and Tracker Tile Mate) are commonly used to keep track of keys, luggage, and pets.
In June, the NSW Crime Commission found one in four people who bought certain kinds of tracking devices in the previous 18 months had a history of domestic violence.
In the U.S, three people are suing tech giant Apple over allegations it hasn’t done enough to prevent its AirTags from being used to stalk people.
New law
The NSW Government has proposed changes to the legal definition of “stalking”, to make it a criminal offence to use GPS trackers to stalk people.
Domestic violence prevention organisation Full Stop Australia’s CEO Karen Bevan welcomed the suggested reforms, saying: “Perpetrators develop new and dangerous ways of manipulating technology to intimidate and control victim-survivors.
“Reforms such as this do add more tools to the arsenal of response and ultimately prevention.”
Domestic violence reforms
The Government also announced it would introduce other reforms to domestic violence laws, like simplifying the process of changing a child’s name.
In cases where there is a Family Court order to change a child’s name to protect their identity and location, only one parent would be required to approve the change.
Other proposed changes include strengthening penalties for anyone who breaks an Apprehended Domestic Violence Order (ADVO). Breaches of ADVOs would lead to up to five years in jail and $16,500 in fines.
Another reform would allow courts to impose conditions on anyone convicted of a “serious domestic violence offence”, once they’re released into the community.
This could include informing police if they’ve created a dating profile.
The Government has proposed police could ask for this requirement to be extended to a person who has been charged with a “serious domestic violence” offence against a family member or partner, “regardless of whether the person has been tried, acquitted, or had their conviction quashed or set aside.”
Government remarks
Premier Chris Minns said: “Everyone should be able to feel safe in their own home, but all too often for many that is not the case.”
“We know that legislative reform alone will not end the scourge of domestic and family violence, but these laws send an important message that the safety of victim-survivors is the priority of the NSW justice system.”
What now?
The Government will introduce the package of domestic violence reforms into Parliament this month.
It will need either the support of the Coalition, or the Greens and multiple crossbenchers, to pass through the Upper House.
TDA contacted the NSW Opposition. A spokesperson said the party was waiting to see the proposed legislation before deciding whether or not to support it.
