Facing a charge for harassment in New South Wales carries serious legal consequences. The law protects individuals from ongoing, unwanted behaviour that may cause fear, distress, or harm, whether through threats, persistent contact, intimidation, or stalking.
As of 2024, legislative reforms in NSW have expanded protections, particularly around coercive control and digital harassment. However, many remain unsure about what exactly constitutes harassment and how such allegations are handled in court.
This article outlines how the law defines harassment, when certain behaviours may lead to harassment criminal charges, and what steps can be taken in response. If you or someone you know has been charged for harassment, understanding your legal position early is essential to ensuring a fair process.
What Constitutes Harassment?
In New South Wales, harassment typically refers to repeated or unwanted conduct that causes fear, distress, or humiliation. Though the law does not offer one single definition, the legal meaning of harassment is shaped by various provisions across the Crimes Act 1900 (NSW) and the Anti-Discrimination Act 1977 (NSW).
What is harassment? It can include:
- Repeated phone calls, emails, or messages
- Threatening behaviour or verbal abuse
- Following someone or loitering near their residence or workplace
- Online intimidation or cyberbullying
To support a harassment criminal charge, authorities must usually prove that the conduct was intentional or reckless, caused harm or fear, and occurred more than once. These elements form the basis for many harassment charges across NSW.
Harassment Charges in NSW: Legal Process and Penalties
When someone is formally charged for harassment in New South Wales, the matter typically proceeds through the criminal justice system. These charges may arise under specific provisions of the Crimes Act 1900 (NSW) or other relevant statutes, depending on the nature of the conduct involved.
Initiating a Charge
A harassment charge usually follows a police investigation, during which evidence, such as communications, witness statements, or surveillance footage—is gathered. If the authorities determine there is enough to proceed, a formal charge is laid, and the individual will be required to appear in court.
It’s important to note that harassment criminal charges can relate to conduct that crosses into intimidation or stalking, which are clearly defined criminal offences in NSW. These are not merely interpersonal disputes but matters treated seriously by the courts.
Penalties for Harassment Offences
The penalties for harassment-related offences vary depending on the circumstances. Possible outcomes include:
- Fines for less serious forms of harassment
- Good behaviour bonds or community correction orders
- Apprehended Violence Orders (AVOs) issued against the accused
- In more severe cases, imprisonment, particularly where threats, stalking, or repeated breaches of orders are involved
In addition to legal penalties, a harassment charge can have long-term personal and professional consequences. A criminal record may affect employment, visas, or family law proceedings. For this reason, individuals facing such charges should seek advice from a qualified lawyer for harassment without delay.
Intimidation and Stalking: How They Fit In
Intimidation and stalking are separate criminal offences often linked to harassment charges in NSW. Defined under the Crimes (Domestic and Personal Violence) Act 2007, these behaviours are taken seriously by law enforcement.
Examples of intimidation include:
- Verbal threats or gestures
- Damaging or threatening property
- Repeated, unwanted contact that causes fear
Stalking laws in NSW cover conduct such as:
- Following someone repeatedly
- Monitoring their movements
- Using digital means to track or harass
Both offences may result in a person being charged for harassment, depending on intent, frequency, and impact.
Harassment in the Workplace
Workplace harassment refers to repeated, unreasonable behaviour that creates a risk to health or safety. It is governed by laws such as the Fair Work Act 2009 and the Work Health and Safety Act 2011.
Examples include:
- Persistent criticism or verbal abuse
- Deliberate exclusion or intimidation
- Threats to job security without cause
Victims can report workplace harassment internally or escalate the issue to bodies like SafeWork NSW or the Fair Work Commission. If the behaviour involves threats or stalking, it may result in harassment criminal charges under NSW law.
Sexual Harassment: Persistent and Punishable
Sexual harassment involves unwelcome conduct of a sexual nature that offends, humiliates, or intimidates. It can be verbal, physical, or visual.
Common examples include:
- Unwanted sexual advances or touching
- Sexually explicit comments or jokes
- Repeated requests for dates after refusal
The Commonwealth Sex Discrimination Act 1984 prohibits sexual harassment in workplaces and public settings. More serious cases may lead to harassment criminal charges, especially if the behaviour involves coercion, threats, or stalking.
Options Available If You’ve Been Harassed
Individuals who experience harassment in New South Wales have several pathways to seek protection and resolution. Whether the conduct arises in a domestic, public, or professional environment, the law provides mechanisms to respond promptly and effectively.
Reporting the Behaviour
The first step for many is to report the behaviour to an appropriate authority. This may include:
- NSW Police, particularly where the harassment involves threats, stalking, or physical intimidation
- Workplace supervisors or HR departments, where the conduct occurs at work
- Educational institutions, if the behaviour involves staff or students
- Anti-discrimination agencies, where the conduct relates to protected characteristics such as gender, race, or disability
For individuals who feel unsafe or fear further harm, immediate police involvement is advised. In serious situations, particularly those involving repeated or threatening conduct, police may initiate protective measures without the need for a formal complaint from the victim.
Applying for an Apprehended Violence Order (AVO)
An Apprehended Violence Order (AVO) is a court order designed to protect a person from violence, threats, harassment, or intimidation. It can be sought by anyone who fears for their safety and is available under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
There are two types of AVOs:
- Apprehended Domestic Violence Orders (ADVOs) – for cases involving domestic or family relationships
- Apprehended Personal Violence Orders (APVOs) – for harassment involving neighbours, colleagues, or strangers
An AVO may include conditions such as:
- Prohibiting contact with the protected person
- Restricting proximity to their home or workplace
- Preventing the publication of harmful content online
Although an AVO is not a criminal conviction, breaching its conditions is a criminal offence and may result in the individual being charged for harassment or related violations.
Seeking early legal advice is strongly recommended to ensure the correct application process is followed and that the order is tailored to the individual’s circumstances.
Responding to an AVO or Being Charged for Harassment
If you have been charged for harassment or issued with an Apprehended Violence Order (AVO), it is essential to act quickly and seek legal guidance. While an AVO itself is not a criminal conviction, breaching its terms may result in criminal penalties. If the matter progresses to a formal harassment charge, the implications become more serious.
Next Steps After a Charge
When charged, the accused will receive a Court Attendance Notice (CAN) outlining the alleged conduct and court details. It is important to:
- Engage a qualified lawyer for harassment immediately
- Review the evidence, including any witness statements and records
- Consider appropriate legal strategies, such as negotiating with the prosecution or preparing a defence
Possible outcomes depend on the severity of the conduct, previous history, and the strength of the evidence. A criminal conviction for harassment may lead to fines, community orders, or imprisonment, as well as long-term personal and professional consequences.
Timely legal representation ensures your rights are protected and that you are well-prepared to respond to the allegations.
The Crimes Act 1900: Where It Applies
While New South Wales legislation does not define “harassment” as a standalone criminal offence, conduct typically described as harassment may fall under various provisions within the state’s criminal framework. In particular, the Crimes Act 1900 (NSW) and the Crimes (Domestic and Personal Violence) Act 2007 (NSW) are used to prosecute behaviour that amounts to stalking, intimidation, threats, and offensive conduct — all of which may form the basis of a harassment-related charge.
Relevant Offences Applied in Harassment Cases
The following provisions are commonly relied upon by law enforcement and the courts in harassment-related matters:
- Stalking or Intimidation: This offence covers conduct where a person stalks or intimidates another, intending to cause them to fear physical or mental harm. It applies in both domestic and non-domestic settings and carries a maximum penalty of five years’ imprisonment and/or a fine.
- Common Assault: This offence includes behaviour that causes another person to fear immediate unlawful violence, even if no physical contact occurs. Unwanted touching or verbal threats in a harassing context may fall under this category.
- Contravening an Apprehended Violence Order: Breaching the terms of an AVO — whether through direct contact, online harassment, or surveillance — constitutes a criminal offence and may lead to further charges, even if the original behaviour was not independently criminal.
Application in Practice
Although “harassment” is not defined as a single offence under the Crimes Act 1900, police and prosecutors assess the nature and severity of alleged behaviour to determine which legal provisions may apply. The law offers flexibility to address a wide range of conduct, ensuring individuals are protected from ongoing, threatening, or harmful behaviour.
If you are facing allegations that may result in a harassment-related charge, obtaining legal advice is essential to assess how your conduct may be interpreted under these laws and to respond appropriately within the legal framework.
Moving Forward After a Harassment Charge
Being charged for harassment in New South Wales is a serious matter that can lead to legal and personal consequences. Whether the conduct involves intimidation, stalking, or repeated unwanted contact, it’s important to seek legal advice tailored to your circumstances.
This article has outlined the key aspects of harassment criminal charges, relevant laws, and available legal options. Each case is different, and outcomes often depend on the specific facts and how early legal advice is sought.
If you are facing a harassment allegation or responding to an AVO, KPT Legal can provide clear, practical guidance tailored to your situation. Their experienced team can help you navigate the legal process and protect your rights at every stage.
