Technology has made it easier than ever to monitor another person without their knowledge. GPS trackers, tracking software and other surveillance devices can be used to monitor a person’s movements without them realising they are being watched.
In response to concerns about the use of technology in domestic and family violence and organised crime, NSW has introduced new laws targeting covert stalking and unlawful surveillance.
The reforms create new offences concerning the covert monitoring of another person using a tracking or surveillance device. They also broaden the circumstances in which a person may face criminal liability for arranging or promoting unlawful surveillance.
If you have been contacted by police, charged with a stalking offence or served with an AVO involving allegations of tracking or surveillance, it is important to understand how the new laws operate.
What are the new covert stalking laws in NSW?
The Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2026 was passed by the NSW Parliament in May 2026.
One of the key changes is the introduction of an offence targeting covert stalking through tracking and surveillance devices.
Previously, proving a stalking offence could involve establishing that the alleged victim knew about the conduct and feared physical or mental harm. This could create difficulties with surveillance devices.
Previously, proving a stalking offence could involve establishing that the alleged victim knew about the conduct and feared physical or mental harm. This could create difficulties where surveillance occurred without the person’s knowledge.
The new provisions address this situation by criminalising certain forms of covert monitoring, even where the person being monitored was unaware that the surveillance was taking place.
The focus is therefore not simply on whether the person knew they were being watched, but on the nature of the conduct and whether it would reasonably be capable of causing fear of physical or mental harm if the person became aware of it.
What conduct can constitute covert stalking?
The new laws target conduct involving the use of surveillance technology to secretly monitor another person. Depending on the circumstances, this may include:
- placing a GPS tracking device on another person’s vehicle;
- using tracking software to monitor someone’s movements;
- using another surveillance device to monitor a person without their knowledge;
- arranging for another person to stalk or monitor someone on your behalf; or
- promoting or advertising surveillance devices for unlawful purposes.
The circumstances of each allegation will be important. The prosecution must still establish the elements of the specific offence charged beyond reasonable doubt.
Why were the laws introduced?
The reforms were introduced in response to concerns about the increasing use of technology to facilitate stalking, domestic and family violence, and other criminal activity.
Tracking devices can allow a person to monitor another’s movements without physically following them. This can make it difficult for the victim to detect surveillance and allow the conduct to continue for an extended period.
The NSW Crime Commission’s Project Hakea identified the use of tracking and surveillance technology in connection with domestic and family violence and organised crime.
The new laws are intended to address circumstances in which existing stalking laws may not adequately capture covert monitoring, because the person being monitored may not know it is happening.
What should I do if I have been charged?
If you have been charged with a covert stalking or surveillance offence, you should obtain legal advice as soon as possible.
Do not assume that the existence of a tracking device or other electronic evidence means that the prosecution’s case is automatically proven.
A criminal lawyer can review the evidence, identify the elements the prosecution must establish and determine whether there are grounds to negotiate the charge, challenge the evidence or defend the matter in court.
If you have also been served with an AVO, your lawyer can advise you about the proposed conditions and whether the order should be contested.
At Australian Criminal Law Group, we offer a free first consultation. This is an excellent opportunity to meet one of our experienced and proven criminal lawyers face-to-face, share the details about the case, and ask any questions you or they might have. All first consultations are obligation-free and conducted in the strictest confidence. You can read more about our first free consultation here.
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