PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 10 Meaning of stalking
PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 10
Meaning of stalking(1) A person (the first person ) stalks another person (the second person ) if the first person engages in a course of conduct—
S. 10(1)(a) amended by No. 20/2011 s. 9(1).
(a) with the intention of causing physical or mental harm to the second person, including self-harm, or of arousing apprehension or fear in the second person for his or her own safety or that of any other person; and
(b) that includes any of the following—
(i) following the second person or any other person;
(ii) contacting the second person or any other person by post, telephone, fax, text message, email or other electronic communication or by any other means whatsoever;
(iii) publishing on the Internet or by an email or other electronic communication to any person a statement or other material—
(A) relating to the second person or any other person; or
(B) purporting to relate to, or to originate from, the second person or any other person;
(iv) causing an unauthorised computer function (within the meaning of Subdivision 6 of Division 3 of Part I of the Crimes Act 1958 ) in a computer owned or used by the second person or any other person;
(v) tracing the second person's or any other person's use of the Internet or of email or other electronic communications;
(vi) entering or loitering outside or near the second person's or any other person's place of residence or place of business or any other place frequented by the second person or the other person;
(vii) interfering with property in the second person's or any other person's possession (whether or not the first person has an interest in the property);
S. 10(1)
(b)(viia) inserted by No. 20/2011 s. 9(2).
(viia) making threats to the second person;
S. 10(1)
(b)(viib) inserted by No. 20/2011 s. 9(2).
(viib) using abusive or offensive words to or in the presence of the second person;
S. 10(1)
(b)(viic) inserted by No. 20/2011 s. 9(2).
(viic) performing abusive or offensive acts in the presence of the second person;
S. 10(1)
(b)(viid) inserted by No. 20/2011 s. 9(2).
(viid) directing abusive or offensive acts towards the second person;
(viii) giving offensive material to the second person or any other person or leaving it where it will be found by, given to or brought to the attention of, the second person or the other person;
(ix) keeping the second person or any other person under surveillance;
S. 10(1)(b)(x) substituted by No. 20/2011 s. 9(3).
(x) acting in any other way that could reasonably be expected—
(A) to cause physical or mental harm to the second person, including self-harm; or
(B) to arouse apprehension or fear in the second person for his or her own safety or that of any other person.
S. 10(2) amended by No. 20/2011 s. 9(4).
(2) For the purposes of this Act, the first person has the intention to cause physical or mental harm to the second person, including self-harm, or to arouse apprehension or fear in the second person for his or her own safety or that of any other person if—
(a) the first person knows that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear; or
(b) the first person in all the particular circumstances ought to have understood that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear and it actually did have that result.
S. 10(3) inserted by No. 20/2011 s. 9(5).
(3) In this section—
"mental harm" includes—
(a) psychological harm; and
(b) suicidal thoughts.