It is an offence for a person to use a carriage service in a way that reasonable persons would regard as being menacing, harassing or offensive.

The maximum penalty is imprisonment for three years.

According to the SmartSafe website with information provided by Women’s Legal Services, an example in Victoria is sending a person a volume of offensive text messages, emails or instant messages or a telephone or videoconference calls.

Persistent unwanted attention, communication or contact is a serious offence in Victoria.

The Commonwealth Criminal Code, set out in the schedule to the Criminal Code Act 1995 (Cth), provides for an offence of ‘using a carriage service to menace, harass or cause offence’.

‘Harass’ typically means to trouble or annoy by a repeated course of conduct, says LY Lawyers.

““Menace’ means to cause a normally courageous person to feel apprehensive for their safety because of the call or calls. It isn’t necessary for a call to threaten actual harm for it to be menacing. Nor is it necessary for the communication to be made directly to the person menaced. As long as the caller intends the communication to be communicated to the ultimate recipient, it is enough.”