The Times Australia
The Times World News

.
The Times Real Estate

.

Victoria considers electronic surveillance for alleged stalkers

  • Written by Bernadette McSherry, Emeritus Professor, The University of Melbourne

In 1993, Andrea Patrick was murdered by her ex-partner after a period of severe harassment and despite a restraining order being made against him. The public outcry that followed Patrick’s death impelled the New South Wales government to follow Queensland’s lead and enact an offence of stalking[1].

During the 1990s, all Australian states and territories made stalking a distinct crime. Evidence of stalking can also form the basis of civil law orders known as restraining, apprehended violence or intervention orders.

However, there are concerns that little has changed since Andrea Patrick’s death. There is a view[2] that stalking is not being treated seriously enough and intervention orders may be breached without serious ramifications for alleged offenders.

The Victorian attorney-general has asked the Victorian Law Reform Commission[3] to consider new measures for responding to stalking, including whether electronic monitoring could be a condition of intervention orders.

Before considering the advantages and disadvantages of such a measure, it is worth considering how stalking is defined.

What is stalking?

While definitions differ, in general, stalking refers to a pattern of behaviour intended to cause harm or arouse fear. Stalking can include:

  • surveillance[4]: obsessive monitoring through physically following or tracking the other person via technology or by loitering at the person’s home or workplace

  • repetition[5]: there may be unwanted contact that occurs multiple times – it can happen over the course of one day, a few weeks, or many years

  • degradation: this may involve verbal abuse, posting denigrating comments or images online, or humiliating the other person in public

  • intrusion[6]: this may include repeatedly approaching the other person, interfering with the person’s property, or entering the person’s home or workplace.

Stalking can involve actions that would, in another context, be legal or even welcome. For example, gift-giving is usually legal. But if someone repeatedly gives another person unwanted gifts and will not stop when asked, this may amount to stalking.

Read more: Friendlyjordies producer arrest: what is the NSW Police Fixated Persons Investigations Unit and when is it used?[7]

Intervention orders

Individuals can apply to a court for an intervention order that prohibits another person (the defendant) from behaving in a particular manner towards them. In addition to acting as a restraint on the defendant’s behaviour, an intervention order can direct the defendant to comply with certain conditions.

In Victoria, for example, there are two types of intervention orders: family violence intervention orders[8] and personal safety intervention orders[9]. The first type covers situations between family members, including current or former intimate partners and some carers. The second type covers all other relationships.

Lower courts may grant intervention orders if there is sufficient evidence of stalking.

Electronic monitoring

Electronic monitoring generally refers to “forms of surveillance with which to monitor the location, movement and specific behaviour of persons[10]”. It includes the use of devices such as ankle bracelets, which use radio frequency or Global Positioning System (GPS) technology to monitor the location of the person.

While the use of such devices is usually associated with monitoring offenders after conviction, pretrial electronic monitoring is used in some places as a condition of bail[11]. Electronic monitoring is also permitted in South Australia and Queensland for some individuals using forensic mental health services[12].

Victoria considers electronic surveillance for alleged stalkers Electronic monitoring devices such as ankle bracelets have been used pre-trial in some cases. Shutterstock

It appears electronic monitoring has not been used in Australia as a condition of intervention orders. However, Matt Black and Russell G. Smith pointed out[13] in 2003 that “modern restriction and surveillance capabilities may raise the possibility for consideration”.

Pros and cons of electronic monitoring

Electronic monitoring may help to ensure intervention orders work to prevent alleged stalkers physically approaching particular people. It can ensure they don’t enter proscribed areas and be used to track their movements.

However, it can be expensive. The panel that reviewed post-sentence supervision of sex offenders in Victoria observed[14]:

[…] the costs associated with electronic monitoring were considerable, particularly in proportion to other important functions undertaken by Corrections Victoria.

Due to resource allocation, it is not feasible for every alleged stalker to be monitored 24 hours a day. Analysis of the electronic monitoring data is also not necessarily immediate. If electronic monitoring were an option in relation to intervention orders, it may also lead to more contested cases, thereby taking up more court time.

There are human rights issues in relation to curtailing the liberty of those who have not been convicted of a crime. Wearing an electronic device may also be sitgmatising. The balance here is whether public safety considerations outweigh individual rights.

Read more: Hunting the hunter: how to effectively combat stalking[15]

A shift in focus

Being forced to modify behaviour to avoid being stalked appears to be common for victim survivors of stalking. They may experience significant lifestyle changes such as:

  • avoiding places where their stalker might be
  • changing routines
  • quitting school or their job
  • moving house.

A key question for the Victorian Law Reform Commission inquiry into stalking will be whether electronic monitoring can help shift the focus away from victims having to alter their own behaviour to forcing alleged offenders to alter theirs.

Electronic monitoring may have a role to play, but it may be that the disadvantages outweigh the benefits.

Submissions to the inquiry close on August 5 2021. A consultation paper[16] to guide submissions can be found on the VLRC website, and an anonymous online form for people who have experienced stalking can be completed via the following link[17]. The Commission is due to provide an interim report to the Victorian government by December 31 2021 and a final report by June 30 2022.

References

  1. ^ enact an offence of stalking (www.parliament.nsw.gov.au)
  2. ^ There is a view (www.abc.net.au)
  3. ^ Victorian Law Reform Commission (www.lawreform.vic.gov.au)
  4. ^ surveillance (ajp.psychiatryonline.org)
  5. ^ repetition (onlinelibrary.wiley.com)
  6. ^ intrusion (link.springer.com)
  7. ^ Friendlyjordies producer arrest: what is the NSW Police Fixated Persons Investigations Unit and when is it used? (theconversation.com)
  8. ^ family violence intervention orders (www5.austlii.edu.au)
  9. ^ personal safety intervention orders (www6.austlii.edu.au)
  10. ^ forms of surveillance with which to monitor the location, movement and specific behaviour of persons (www.antoniocasella.eu)
  11. ^ a condition of bail (www6.austlii.edu.au)
  12. ^ individuals using forensic mental health services (www.ranzcp.org)
  13. ^ pointed out (www.aic.gov.au)
  14. ^ observed (files.justice.vic.gov.au)
  15. ^ Hunting the hunter: how to effectively combat stalking (theconversation.com)
  16. ^ A consultation paper (lawreform.vic.gov.au)
  17. ^ link (engage.vic.gov.au)

Read more https://theconversation.com/victoria-considers-electronic-surveillance-for-alleged-stalkers-164320

The Times Features

Why Regional Small Businesses in Bendigo Deserve Better Access to Finance in 2025

In the heart of regional Victoria, Bendigo has long stood as a beacon of innovation, resilience and community spirit. As we step further into 2025, the importance of nurturing sm...

Is It Time for a Deep Cleaning? Signs You Shouldn’t Ignore

Most people know they should visit the dentist for a regular check-up and cleaning every six months. But sometimes, a standard cleaning isn’t enough. When plaque and tartar build...

The Hidden Meaning Behind Popular Engagement Ring Cuts

When it comes to engagement rings, the cut of the diamond is not just about aesthetics. Each shape carries its own symbolism and significance, making it an important decision for...

Annual Health Exams in the Office: How They Can Reduce Sick Days and Healthcare Costs

Regular health check-ups, especially annual health exams in the office, can significantly impact the overall well-being of your workforce. A proactive approach to employee health...

Best Deals on Home Furniture Online

Key Highlights Discover the best deals on high-quality outdoor furniture online. Transform your outdoor space into a stylish and comfortable oasis. Explore a wide range of d...

Discover the Best Women's Jumpers for Every Season

Key Highlights Explore lightweight jumpers for spring and summer, ensuring breathability and ease. Wrap up warm with cozy wool jumpers for the chilly autumn and winter season...

Times Magazine

The Essential Guide to Transforming Office Spaces for Maximum Efficiency

Why Office Fitouts MatterA well-designed office can make all the difference in productivity, employee satisfaction, and client impressions. Businesses of all sizes are investing in updated office spaces to create environments that foster collaborat...

The A/B Testing Revolution: How AI Optimized Landing Pages Without Human Input

A/B testing was always integral to the web-based marketing world. Was there a button that converted better? Marketing could pit one against the other and see which option worked better. This was always through human observation, and over time, as d...

Using Countdown Timers in Email: Do They Really Increase Conversions?

In a world that's always on, where marketers are attempting to entice a subscriber and get them to convert on the same screen with one email, the power of urgency is sometimes the essential element needed. One of the most popular ways to create urg...

Types of Software Consultants

In today's technology-driven world, businesses often seek the expertise of software consultants to navigate complex software needs. There are several types of software consultants, including solution architects, project managers, and user experienc...

CWU Assistive Tech Hub is Changing Lives: Win a Free Rollator Walker This Easter!

🌟 Mobility. Independence. Community. All in One. This Easter, the CWU Assistive Tech Hub is pleased to support the Banyule community by giving away a rollator walker. The giveaway will take place during the Macleod Village Easter Egg Hunt & Ma...

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

LayBy Shopping