The proposed reforms include introducing new offences, modifying existing definitions, implementing court orders, and other adjustments to address the deficiencies within the state’s legislation.

Strengthening penalties for reported serious violations of ADVOs

One significant reform that the NSW government aims to undertake is amending the Crimes (Domestic and Personal Violence) Act 2007 to create two new aggravated offences for certain breaches towards an Apprehended Domestic Violence Order (ADVO).

This includes creating “a new offence for knowingly contravening an ADVO with intent to cause harm or fear and a new offence for repeated breaches of an ADVO”.

Under the current legislation, an individual who breaches an ADVO will face a maximum of two years of imprisonment and/or a $5,500 fine. However, under the new reforms, knowingly contravening an ADVO will result in a maximum penalty of three years imprisonment and/or an $11,000 fine.

The new persistent breach offence would also result in individuals who are found to be repeat offenders potentially facing a maximum penalty of five years of imprisonment and/or a $16,500 fine if they knowingly violate an ADVO three or more times within a 28-day period.

The Minns government revealed that the addition of such offences “reflects and responds to the fact that persistent breaches within a short time frame indicate an escalation of behaviour and therefore a greater risk”.

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Introducing prevention orders

The NSW Labor government also unveiled its plan to introduce the Serious Domestic Abuse Prevention Order (SDAPO), modelled after the Serious Crime Prevention Orders Scheme.

This new order provides the court with the authority to “impose any conditions considered appropriate to prevent the person’s involvement in domestic abuse”. This could involve the requirement of offenders to inform police officers of any dating profiles they have created or used.

The Commissioner of Police or the Director of Public Prosecutions could seek out this order if a person has been convicted of “two or more domestic violence offences that carry a maximum penalty of seven years imprisonment or higher” or “the person has been charged with a ‘serious domestic violence’ offence against a relative or current/former intimate partner” regardless if they were convicted.

These orders would have a maximum duration of five years, and violations of these orders would be considered criminal offences, carrying a maximum penalty of five years imprisonment and/or a fine of up to $33,000.

Redefining the definition of ‘stalking’

The Minns government is proposing revisions to the definition of “stalking” outlined in the Crimes (Domestic and Personal Violence) Act 2007 to encompass technology-facilitated tracking or monitoring conduct effectively.

This is due to the existing legal definition being limited in scope, defined as “contacting or otherwise approaching a person using the internet or any other technologically assisted means”.

The amended definition will “explicitly state conduct which involves monitoring or tracking a person’s activities, communications or movements whether through technology or another way, and regardless of whether the victim is contacted or approached, constitutes stalking”.

The utilisation of technological devices such as GPS trackers or monitors will be encompassed within the scope of the act, in the same way as “in-person” conduct is currently captured.

Including such technological devices reflects the findings the NSW Crime Commission discovered that one in four people who purchased GPS tracking devices had a history of domestic violence.

In light of these reforms, NSW Premier Chris Minns said: “The safety of victim-survivors of domestic and family violence is paramount, and these laws reflect the risk posed by intentional and ongoing breaches of ADVOs.”

“Everyone should be able to feel safe in their own home, but all too often, for many, that is not the case. When that right has been taken away from someone, these laws aim to support victim-survivors in feeling and being safe again.

“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.”

Additionally, Attorney-General Michael Daley said: “These new laws are tough, they’re very tough, but unfortunately, they’re necessary to keep women safe from domestic and family violence.”

“There are simply too many instances of domestic abuse and violence against women.

“It must stop, and these new laws are the next step that the Minns government is taking to ensure that police and prosecutors are empowered to protect victim-survivors of domestic abuse.”