Mr Speaker

I present the Crimes Amendment Bill 2000 (No 2)

This Bill replaces the existing section 34A of the Crimes Act 1900, which is the provision dealing with stalking.

The existing section 34A has proven overly restrictive and, as a result, only a small number of stalking convictions have been obtained since it commenced operation in 1996. This is of obvious concern to my Government, which recognises the need for strong and effective laws to deal with stalking behaviour. This Bill will strengthen the section in an effective and workable manner.

Currently, a person may only be found guilty of stalking if he or she intends to cause serious harm to the victim or a third person, or to cause fear of serious harm in that person.

This is problematic because alleged stalkers often argue that they were 'in love' with the victim and did not intend to cause the victim fear. In addition, the requirement that the harm be "serious" is an unnecessary complication to prosecutions under the section.

Accordingly, in order to improve the effectiveness of the section and facilitate the prosecution of stalkers, a number of amendments to section 34A are proposed.

Firstly, it will be an offence to stalk someone if you know that your behaviour is likely to cause apprehension or fear in the victim or a third person, or if you are reckless to that possibility. These grounds are in addition to the actual intent ground that currently exists.

This will ensure that offenders who have considered the possibility of their actions causing fear or apprehension, but who proceed with their actions regardless, can be prosecuted for stalking.

People who have genuinely not considered the possible effects of their actions will continue to be dealt with in the first instance by the civil regime, that is, by way of restraining or protection orders. It would not be appropriate to criminalise conduct of this nature. However, if such people are alerted to the possible consequences of their actions but continue with the offending behaviour, they would then be caught by the proposed new recklessness provision..

Secondly, Mr Speaker, it is proposed to add a ground of harassment. This is in response to concerns that proving psychological harm may sometimes require expert evidence from psychiatrists or psychologists. It is not intended that the concept of psychological harm be limited to the sort of harm which requires such evidence to be given in court. Including 'harassment' as a ground will remove this difficulty.

Thirdly, it is proposed to exempt conduct engaged in by a person in the course of their employment, as long as that person's actions are reasonable in the circumstances and are not otherwise unlawful. This will allow people such as bailiffs, sheriffs and other law enforcement personnel, to carry out their lawful duties without leaving themselves open to a charge of stalking.