Protecting personal safety – new law

There is a new law to protect people who fear for their personal safety. This change replaces the stalking law. It protects people from stalking as well as a other kinds of prohibited behaviours.

The new law also encourages people to try to sort out their disputes using mediation instead of going to court where this is appropriate.

What is stalking?

Stalking is serious and intentional pursuit of a person causing that person to suffer physical or mental harm or apprehension for their safety or the safety of someone else. 

Stalking is defined broadly and can include:

• following a person
• publishing information about a person on the internet or hacking into their computer
• using offensive words, threats or directing offensive acts towards a person
• leaving offensive items where they will be noticed by a person
• making threats
• surveillance or cyberstalking (such as by email) of a person.
• interfering with a person's property.

What other kinds of behaviour are prohibited?

The law allows a person to apply to court for an intervention order from the following behaviours:

• assault
• sexual assault
• bullying
• harassment
• property damage or interference (this damage does not include accidental damage)
• serious threats (this could include a threat to harm a pet).

In most cases these behaviours have to be part of a course of conduct, that is it has to happen more than once. The behaviour must be deliberate. That is, the person must know (or should have known) that their conduct would be likely to cause harm, apprehension or fear.

The most common types of behaviours are neighbourhood disputes and schoolyard bullying.

Family members are not dealt with under this law

If the unwanted behaviour is being carried out by a family member, the matter will be heard according to the law set out in the Family Violence Intervention Order Act 2008. In most cases the magistrate will still be able to hear the application, but they will apply the laws that protect people from family violence.

Mediation will be encouraged

Where it is appropriate, the parties in dispute will be referred to dispute resolution services to help them to sort out the underlying issues that have contributed to the behaviour. The government has drafted some guidelines to help decide when mediation is not appropriate (link below).

Applications will be heard in court if mediation is not appropriate. The magistrate has the power to order mediation if they believe that the matter can be dealt with appropriately in that manner.

If the behaviour is also a criminal offence

Where the behaviour is serious enough to be a criminal offence, they will continue to be prosecuted under the relevant legislation and the criminal penalties will be applied.

More information

Related pages

Intervention orders

Related legislation

Personal Safety Intervention Orders Act 2010 

Related websites

Magistrates' Court of Victoria

There is information about personal safety and an application to apply for a personal safety intervention order on the Magistrate's Court of Victoria. See About personal safety intervention orders.

Department of Justice

The Victorian Government site has information about the personal safaty orders and the role of mediation. See Draft Personal Safety Intervention Order Guidelines.

Publications

This new law may affect information in the following Victoria Legal Aid publications:

• Sexual assault: the law, your rights as a victim
• Family violence intervention order publications
• Am I old enough?
• What’s the deal? A kit to educate young people about legal issues.