The NSW government recently announced that it will take a bill to parliament later this month that will reform current domestic violence laws. If the bill is successful there will be multiple changes introduced to alert the community that the NSW justice system is prioritising the safety of victim-survivors.

What are the proposed changes?

One change would include a new offence under the Crimes (Domestic and Personal Violence) Act, “knowingly contravening an Apprehended Domestic Violence Order (ADVO) with intent to cause harm or fear”. This offence would carry a maximum sentence of three years imprisonment and a fine of up to $11 000.

Another new offence would also be introduced for persistent breaches of ADVO. If an offender breaches the ADVO three or more times in a 28-day period they could face a penalty of five years imprisonment and a $16 500 fine.

Additionally, there are new domestic violence orders that could be issued. A Serious Domestic Abuse Prevention Order (SDAPO) would give police and prosecutors the ability to impose any conditions they deem necessary on the order. These orders would have a maximum five-year duration, and breaches considered a criminal offence. A breach would carry a maximum penalty of five years imprisonment and a $33 000 fine.

A further change that could be imposed is broadening the definition of “stalking” in the Crimes Act. The stalking definition would make specific reference to GPS trackers due to statistics found by the NSW Crime Commission earlier this year. They found one in four people who purchased a GPS tracking device since 2023 has a history of domestic violence.

The last change that could be made is that sole parents would be allowed to change their child’s name, if they have a Family Court order to that effect. This is to prevent perpetrators from learning a child’s new name or address.