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Legislative Assembly for the ACT: 1996 Week 8 Hansard (26 June) . . Page.. 2136 ..

MS REILLY (continuing):

One other aspect of it - and I think it is an important part of why we need to continue to do it and to do it as soon as possible - is not to take the attitude that stalkers never take it any further; they do not go beyond making nuisance phone calls, sitting outside somebody's house, turning up in the workplace; they never actually touch the victims; it never leads to death and murder; when, in fact, you will find in a number of instances that is exactly what has happened. It has moved from small acts into the larger acts. Quite often you will find that women who are the victims of domestic violence end up as murder victims. The children have suffered many months and years of stalking. These people have suffered many years of having the perpetrator follow them or stand outside their house and do the other things that they do. It is not a matter of saying that this is a soft option. In fact, often these people, the victims, do end up murdered.

I think it is important that we put this into action as soon as possible; that we do not wait for the rest of Australia to take some action; that we take action and show that we are concerned about all members of our community; that we provide safety and security for people to live in the ACT; and that we provide safety and security for women, in particular, to be able to have lives that they can enjoy, that they can go about their business of ordinary, everyday living without intimidation. I ask that members support the amendments in this Bill.

MR MOORE (11.07): Mr Speaker, I think it is important that we deal with this Bill as quickly as possible. I am certainly aware that there is legislation being prepared on a national basis so that it can be reflected in the legislation of the States and Territories, but this is something that Ms Follett has appropriately moved on. I certainly know that there are a number of people in the ACT who are waiting on this legislation. If the legislation that is adopted Australia-wide has some differences in it, then I think that would be the appropriate time to come back and look again at this legislation; but I think what we should be doing at the moment is moving on this legislation as quickly as possible. It gives me pleasure to support it in principle. I know that it does mean a great deal to a small number of people who are intimidated to such an extent that their life has effectively become a misery. I think it is appropriate for us to deal with this today, if at all possible.

MS TUCKER (11.09): The Greens will be supporting this legislation. Violence in any form, including non-physical violence, should not be condoned in any way in our society. Stalking is a very serious issue. At present the ACT is the only jurisdiction which does not have legislation with a criminal offence of stalking. Stalking is broadly defined by the Community Law Reform Committee report into domestic violence as conduct that is directed at a person with the intention of causing intimidation, harassment and/or fear. There are many incidents which could be regarded as stalking. It might be harassment over the phone; it might be following or loitering; it might be conducted by someone who is known to the victim or it could by a complete stranger. As the report points out, there is no such thing as a stereotypical stalker. What is clear, however, is that it is a serious offence. As legislators, we should be making sure that we do whatever is within our powers to protect people from this sort of violence.

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