Stalking: Final Report (html)
Appendices: Submissions and consultations
Appendix A: Submissions
1 Confidential
2 Confidential
3 Confidential
4 Name withheld
5 Cheryl Brown
6 Name withheld
7 Confidential
8 Name withheld
9 Confidential
10 Rochelle Carli
11 Anonymous
12 Confidential
13 Confidential
14 George Hart
15 Confidential
16 Confidential
17 Confidential
18 Confidential
19 Lyn Crocker
20 Jennifer Rosewarne
21 Antoinette Lim
22 Name withheld
23 Confidential
24 Confidential
25 Deborah
26 KB
27 Name withheld
28 Name withheld
29 Confidential
30 Name withheld
31 Name withheld
32 Centre for Forensic Behavioural Science
33 Name withheld
34 Confidential
35 Confidential
36 Ahmad Masri
37 Confidential
38 Confidential
39 Victorian Pride Lobby
40 Name withheld
41 Djirra
42 Name withheld
43 Name withheld
44 Confidential
45 Confidential
46 Confidential
47 Liberty Victoria
48 Confidential
49 Victims of Crime Commissioner
50 Confidential
51 Matthew Raj
52 Confidential
53 Barbara Jackson
54 Dahlia Mahmoud, Riana Leonardi, Hannah Smith, Melissa Caligiore
55 Bianca Adams
56 Derryn Hinch’s Justice Party
57 Name withheld
58 Confidential
59 Name withheld
60 Dianne Russell
61 Naciyelara Erel
62 Name withheld
63 Madison
64 Phillip Castagna
65 Code Black Threat Management
66 Confidential
67 Erin Scrimshaw
68 Natasha Walters
69 Daniel Petrovski
70 Di McDonald
71 Confidential
72 Sarah Pervaiz
73 Confidential
74 Confidential
75 Confidential
76 Australian Association of Social Workers
77 Confidential
78 Confidential
79 Confidential
80 Confidential
81 Confidential
82 Tring Nguyen
83 Confidential
84 Confidential
85 John Raphael Violeta
86 Confidential
87 Confidential
88 Name withheld
89 Confidential
90 Carmela Melinda Di Mauro
91 Name withheld
92 Name withheld
93 Royal Australian and New Zealand College of Psychiatrists
94 Name withheld
95 Springvale Monash Legal Service
96 Confidential
97 Federation of Community Legal Centres
98 Law Institute of Victoria
99 Confidential
100 Forensicare
101 Michael Buckman
102 Confidential
103 Confidential
104 Alannah and Madeline Foundation
105 Name withheld
106 Dr Steven Tudor & Greg Byrne PSM
107 J Starr
108 Confidential
109 Name withheld
110 Name Withheld
111 Confidential
112 Confidential
113 Confidential
114 Confidential
115 Victoria Police
Victoria Police—supplementary response
Appendix B: Consultations
1 Centre for Forensic Behavioural Science
2 Children’s Court of Victoria (No 1)
3 Victoria Police (No 1)
4 Sexual Assault Services Network
5 Harmful Sexual Behaviours Network
6 Magistrates’ Court of Victoria (No 1)
7 Risk roundtable
8 eSafety Commissioner
9 Judicial College of Victoria
10 Victorian Aboriginal Legal Service
11 Members of the Victims of Crime Consultative Committee
12 Domestic Violence Victoria and Domestic Violence Resource Centre Victoria
13 Victoria Legal Aid
14 Confidential
15 Forensicare (No 1)
16 Centre for Excellence in Child and Family Welfare: Young People and Stalking
17 Small group meeting on stalking and young people
18 County Court of Victoria
19 Community legal sector roundtable
20 Law Institute of Victoria
21 Small group meeting on stalking and women with disabilities
22 Small group meeting on stalking and people with disabilities
23 Cyberstalking roundtable
24 Criminal Bar Association
25 Victoria Police (No 2)
26 Victoria Police (No 3)
27 Kulturbrille
28 Victorian Pride Lobby
29 Alannah & Madeline Foundation
30 Roundtable with multicultural and multifaith lawyers and legal stakeholders
31 Roundtable with multicultural and multifaith community organisations
32 Dispute Settlement Centre of Victoria
33 VACRO
34 Magistrates’ Court of Victoria (No 2)
35 Children’s Court of Victoria (No 2)
36 Forensicare (No 2)
Appendix C: ‘Course of conduct’ element for stalking offence under s 21A of the Crimes Act 1958 (Vic)
(2) A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following—
(a) following the victim or any other person;
(b) contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever;
(ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material—
(i) relating to the victim or any other person; or
(ii) purporting to relate to, or to originate from, the victim or any other person;
(bb) causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by the victim or any other person;
(bc) tracing the victim’s or any other person’s use of the Internet or of e-mail or other electronic communications;
(c) entering or loitering outside or near the victim’s or any other person’s place of residence or of business or any other place frequented by the victim or the other person;
(d) interfering with property in the victim’s or any other person’s possession (whether or not the offender has an interest in the property);
(da) making threats to the victim;
(db) using abusive or offensive words to or in the presence of the victim;
(dc) performing abusive or offensive acts in the presence of the victim;
(dd) directing abusive or offensive acts towards the victim;
(e) giving offensive material to the victim or any other person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person;
(f) keeping the victim or any other person under surveillance;
(g) acting in any other way that could reasonably be expected—
(i) to cause physical or mental harm to the victim, including self-harm; or
(ii) to arouse apprehension or fear in the victim for his or her own safety or that of any other person—
with the intention of causing physical or mental harm to the victim, including self-harm, or of arousing apprehension or fear in the victim for his or her own safety or that of any other person.
(3) For the purposes of this section an offender also has the intention to cause physical or mental harm to the victim, including self-harm, or to arouse apprehension or fear in the victim for his or her own safety or that of any other person if—
(a) the offender 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 offender 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.
Note that under s 21A(4A), it is a defence to a stalking charge where the accused engaged in a course of conduct ‘without malice’. For example, engaging in the normal course of lawful business, trade, profession or enterprise; or engaging in political activities or discussion. The accused bears the burden of proof in establishing this defence.
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