The New South Wales government is set to introduce legislation on Tuesday that will make it a criminal offence to secretly monitor a person's movements using GPS tracking devices, following a report that highlighted the widespread use of such technology in domestic violence cases.
Background of the reforms
A 2024 report by the NSW Crime Commission, known as Project Hakea, revealed that tracking and surveillance devices were increasingly being used to facilitate domestic violence and organised crime. The report found that approximately one in four individuals who purchased tracking devices in NSW had a history of domestic violence. In one harrowing case, a man bought a GPS tracker from an auto parts retailer after his marriage of 25 years deteriorated. He used the device to monitor his wife's movements for a month, leading up to the day he shot and killed her before taking his own life.
Details of the new offence
The new law will make it illegal to secretly monitor a person, even if the victim is unaware they are being tracked, as long as a reasonable person would consider the monitoring likely to cause fear of physical or mental harm. Premier Chris Minns stated that technology has been "weaponised against women, and our laws have not kept pace." He emphasised that no one should have to endure months or years of covert surveillance without legal recourse.
Protections and exceptions
The government has stressed that the offence is "carefully crafted and targeted" to avoid criminalising legitimate activities such as parents monitoring their children's social media use or following someone out of genuine interest. The reforms also include a new offence for directing a third party to engage in stalking or promoting the unlawful use of surveillance devices, targeting private investigators and "spy stores" offering illegal services. Additionally, prosecutions will be possible for advertising devices in a way that encourages unlawful use.
Broader context
The changes build on previous reforms in NSW, including the criminalisation of coercive control and amendments to bail laws for domestic violence offenders. These measures have contributed to a record number of prisoners on remand in NSW, approximately 13,100 in December. The government hopes the new legislation will provide greater protection for victims and close loopholes that have allowed perpetrators to exploit technology.
For those affected by domestic violence, support is available through Lifeline (13 11 14) and the national family violence counselling service (1800 737 732).
