The NSW Government has introduced a bill to crack down on covert stalking using tracking devices.
The reform follows a 2024 NSW Crime Commission report, which found one in four people who purchased GPS trackers had a history of domestic violence.
While installing a tracking device without consent is already illegal, the existing law requires conduct that would cause fear of physical or mental harm – a threshold that can be difficult to meet if the victim is unaware they’re being monitored.
2024 Report
In 2024, the NSW Crime Commission released an investigation into tracking device sales across the state.
It examined sales data from around 5,500 tracking devices sold since January 2023, identifying 3,147 customers and cross-checking them against criminal records.
The report found one in four buyers had a history of domestic violence offending.
Around 4% (126) of these customers had an Apprehended Violence Order (AVO) out against them at the time of purchase.
“Domestic violence perpetrators use tracking devices as part of a series of behaviours intended to intimidate, frighten, and control their intimate partners,” NSW Crime Commissioner Michael Barnes said at the time the findings were released.
Proposed law
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On Tuesday, the Government introduced a bill to crack down on covert stalking using tracking devices.
The reforms would add new clauses under the Crimes (Domestic and Personal Violence) Act 2007 to create a specific offence of “covert stalking”.
They would also make it illegal to direct someone else to stalk a person on your behalf – for example, hiring a private investigator to secretly monitor someone.
Under the changes, people could also be held legally responsible for advertising devices in a way that encourages their use for covert monitoring. This would include commercial businesses such as so-called “spy stores”.
The new law would include some exemptions, including for parents monitoring their child’s social media for safety reasons.
Shadow Minister for Prevention of Domestic Violence and Sexual Assault Natasha Maclaren-Jones says the Opposition will “welcome any genuine effort to better protect victim-survivors.”
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