There has in the past been considerable concern over the inability of the police to intervene where a person stalks someone. Legislation has been enacted which makes stalking and harassment an offence [Criminal Law Consolidation Act 1935 (SA) s 19AA]. Behaviour defined as stalking and harassment includes:

It has historically been difficult to prove a person is guilty of stalking and harassment as the police must show that these behaviours occurred on at least 2 separate occasions and that the stalker intended to cause either:

In some instances the mental element of the stalker is more squarely focused on 'possessiveness' and 'love' rather than any intention to cause serious physical or mental harm or serious apprehension or fear.

From 8 June 2025, police need only show that a stalker ought reasonably to have known that physical or mental harm or serious apprehension or fear would be caused.

A person found guilty of stalking and harassment faces a maximum penalty of imprisonment for 3 years, or 5 years where:

A person who is charged with stalking and harassment is to be taken to have been charged in the alternative with offensive behaviour. This means if the court finds the charge of stalking and harassment is not proved but is satisfied that the lesser charge of offensive behaviour is established, the court may convict the person of that charge.

Where stalking involves actions online or cyber bullying, or the posting or threat to post invasive images online, then reports can be made to the Office of the eSafety Commissioner.

For more information, see Stalking, cyber stalking and cyber bullying and Distribution of invasive images (image-based abuse).

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