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Crimes (Stalking) Bill
Circulation Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the proposed Act, which is to amend the
Crimes Act 1958 with respect to the offence of stalking to ensure
that the offence--
· covers cyberstalking;
· no longer requires proof as to the actual effect on the
victim of the course of conduct engaged in by the
offender; and
· has extra-territorial operation.
Clause 2 provides that the Act will commence on the day after the day on
which it receives the Royal Assent.
PART 2--AMENDMENT OF CRIMES ACT 1958
Clause 3 This clause extends the definition of "course of conduct" in
section 21A(2) of the Crimes Act 1958 to specifically cover
cyberstalking conduct.
Section 21A(2) of the Crimes Act 1958 lists a number of types
of conduct which, if they form part of a course of conduct, may
constitute stalking.
Concern has been expressed that the rapid development of
technology, particularly the Internet, has provided new ways for
stalkers to locate, contact and potentially harm their victims and
that section 21A(2) may not adequately cover these situations.
The amendment in this clause makes it clear that if on-line
stalking conduct forms part of a course of conduct, it may
constitute the offence of stalking.
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551079 BILL LA CIRCULATION 5/6/2003
Clause 4 This clause amends the Crimes Act 1958 by removing the
requirement that a course of conduct that may constitute stalking
must result in physical or mental harm to the victim or
apprehension or fear in the victim for his or her safety.
The intention on the part of the offender to cause fear, or the fact
that the offender ought to have understood that the target would
be frightened, is the key factor that should make the behaviour
criminal. The fact that a target of stalking is not easily frightened
or not aware of the behaviour should not prevent a prosecution.
The amendment in this clause is consistent with the offence of
threatening to kill another person, which is contained in
section 20 of the Crimes Act 1958.
Clause 5 This clause gives the offence of stalking extra-territorial
operation. As a result of this clause, section 21A will apply to a
person overseas or interstate who stalks a victim in Victoria and a
person in Victoria who stalks a victim overseas or interstate.
Clause 6 This clause provides that the amending Act only applies to
offences alleged to have been committed on or after the
commencement of the amending Act.
If the alleged offence occurs between two dates--one before and
one after the commencement of the amending Act--the alleged
offence is deemed to have been committed prior to the
commencement of the amending Act.
This clause acknowledges the nature of stalking and the
requirement that the offender engage in a course of conduct in
order for the behaviour to constitute stalking.
The case of DPP v Sutcliffe involved the interpretation of
whether section 21A(2) has extra-territorial operation.
Clause 6(3) makes it clear that clause 6 does not affect the rights
of the parties in that case (which is currently listed for hearing by
the Court of Appeal).
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