In this modern age of technology where we constantly share our lives online, tag locations, and even broadcast our whereabouts in real time, it’s no surprise that the law has had to play catch-up. As digital platforms blur the lines between public and private spaces, stalking has taken on new forms. In response, recent amendments to stalking laws in New South Wales aim to modernise such protections and better address the evolving ways individuals may be intimidated or stalked.
Stalking or intimidation is an offence under s13 of the Crimes (domestic and personal violence) Act 2007 (NSW).1 The definition was expanded on 1 December 2024 to include the monitoring or tracking of a person’s activities, communications or movements whether by using technology or in another way, and whether or not the monitoring or tracking involves contacting or otherwise approaching the person.
Other conduct which might amount to intimidation or stalking includes:
- following someone about;
- constantly contacting or approaching a person when they have asked not to be contacted or approached;
- making threats of violence to a person or to their family; and
- repeatedly attending a person’s home or work without their consent or permission.
To be found guilty of intimidation or stalking, the prosecution must prove beyond reasonable doubt that:
- the individual intimidated someone; and
- they did so with the intention that the person would fear physical or mental harm; or
- they stalked someone; and
- they did so with the intention that the person would fear physical or mental harm.
In NSW, the offence of intimidation or stalking carries a maximum penalty of five years imprisonment and/or a fine of 50 penalty units. Most people who are found guilty of this offence are not sentenced to full-time custody, unless the conduct is particularly serious, or it occurred in the context of other serious offending or there is a significant criminal history. That being said, most people guilty of this offence have a conviction recorded and receive punishment.
Notifications to regulatory bodies for health practitioners
Being found guilty of an offence such as stalking may trigger a mandatory notification under s130 of the Health Practitioner Regulation National Law 2009 (NSW) (National Law).2 As this type of offence raises serious concerns about a health practitioner or student’s character, conduct, or capacity to practise safely, it must be reported to AHPRA to ensure public safety and uphold professional standards within the health professions.
One of the key components of s130 is the requirement for mandatory notification when a practitioner is charged with, or found guilty of, a criminal offence (punishable by 12 months’ imprisonment or more). Even if the practitioner is not found guilty of the offence, they must still make the relevant notification. Offences such as stalking, depending on the circumstances and applicable state or territory legislation, may meet this threshold.
Being charged and/or being found guilty of an offence like stalking may raise concerns with the regulatory bodies of issues with judgment, boundary-setting, or respect for community safety – traits that are central to ethical health practice. As such, even if the offence occurred outside of a clinical setting, it may still have serious implications for a practitioner’s registration.
Requirements under s130 of the National Law
s130 requires that a registered health practitioner or student must notify AHPRA, within 7 days, if they are charged with or found guilty of a scheduled medicine offence or an offence punishable by 12 months imprisonment or more. This requirement is mandatory and failing to notify AHPRA may result in disciplinary action or regulatory consequences for the practitioner or student.
Once AHPRA receives the s130 notification, it assesses whether the matter needs to be referred to the relevant board, who may then:
- investigate the complaint further;
- impose conditions or suspend the practitioner’s registration;
- refer the matter to a tribunal for a hearing; or
- take no further action if appropriate.
It is not uncommon for practitioners to assume that if they are charged with an offence but ultimately not found guilty or not sentenced to imprisonment, they are not required to make a notification. However, this is a misconception. The obligation to notify under s130 is not dependent on whether a term of imprisonment was actually imposed. Rather, the key consideration is whether the offence is punishable by 12 months’ imprisonment or more. If the sentencing judge had the option to impose such a penalty, regardless of the actual outcome, the requirement to notify AHPRA is triggered.
Conclusion
s130 of a vital safeguard in maintaining public trust in healthcare professionals. Where a practitioner is charged or found guilty of an offence like stalking, a failure to notify AHPRA can raise concerns about the practitioner’s insight into their behaviour and ability to take accountability. Transparency, prompt disclosure and responsibility are encouraged.3
Health practitioners and students can seek legal advice if they are unsure whether an offence triggers the s130 duty to notify, and to proactively engage with the regulatory bodies rather than delay disclosure.
HWL Ebsworth Lawyers regularly assist health practitioners in their compliance with the National Law. Please contact us for further information.
See also: Obligations to notify APHRA – HWL Ebsworth Lawyers
This article was written by Scott Chapman, Partner, Megan Priestley, Special Counsel and Lily Galoustian, Solicitor.
1 Crimes (Domestic and Personal Violence) Act 2007 No 80 (NSW).
2 Health Practitioner Regulation National Law (NSW) No 86a of 2009 – NSW Legislation.
3 AHPRA: Making a Mandatory Notification about a Relevant Event.
