New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 7

7 Meaning of "intimidation"

(1) For the purposes of this Act,
"intimidation" of a person means--

(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or

Example of conduct that may amount to harassment of a person--:

(1) Intentionally disclosing or threatening to disclose any of the following about a person without the person's consent, known as "outing"--

(a) the person's sexual orientation,

(b) the person's gender history,

(c) that the person has a variation of sex characteristics,

(d) that the person lives with HIV,

(e) that the person is, or has been, a sex worker.

(2) For subsection (1)(b) of this example,
"gender history" means the sex recorded at birth for the person is different to the sex the person identifies with, lives in or seeks to live in, whether or not the person's record of sex is altered under--

(a) the Births, Deaths and Marriages Registration Act 1995 , Part 5A, or

(b) the corresponding provisions of a law of another State or Territory or a jurisdiction outside Australia.

Note : An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.

(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or

(c) conduct that causes a reasonable apprehension of--

(i) injury to the person or to another person with whom the person has a domestic relationship, or

(ii) violence to any person, or

(iii) damage to property, or

(iv) harm to an animal that belongs or belonged to, or is or was in the possession of, the person or another person with whom the person has a domestic relationship, or

(d) conduct amounting to the coercion or deception of, or a threat to, a child to enter into a forced marriage within the meaning of the Crimes Act 1900 , section 93AC, or

(e) conduct amounting to the coercion or deception of, or a threat to, a person to enter into a forced marriage within the meaning of the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage).

(2) For the purpose of determining whether a person's conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person's behaviour.