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Have You Been Receiving Harassing Phone Calls From Your Former Partner?

Have You Been Receiving Harassing Phone Calls From Your Former Partner?

It is an offence under section 474.17 of the Criminal Code Act 1995(Cth) to use a mobile phone or email to menace, harass or cause offence. A person will be found guilty of an offence if they use a service in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive. The court has considered the types of conduct that would be regarded as ‘offensive.’ A court has held that “the communication must be characterised as one causing offence or carrying with it the likelihood of causing offence to the person to whom it is directed.”

Read Also - My former partner is not an Australian resident, how can this affect my child?

If you are receiving harassing or offensive phone calls, you should make a report to the Federal Police who are entrusted to enforce the Commonwealth Criminal Code.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.