Cases eligible for protection from harassment

Intentionally causing harassment, alarm or distress

These include any of the following acts done with the intent to cause harassment, alarm or distress to another person. Such acts involve:

• Using any threatening, abusive or insulting words or behaviour.
• Making any threatening, abusive or insulting communication.
• Publishing any information that may be used to identify the person or any related person.
  

Refer to Section 3 of the POHA for illustrations for such conduct. Please note that these illustrations may not be applicable to POHA proceedings in the Family Court.

Causing harassment, alarm or distress

A person or entity may be liable if they commit any of the following acts, if they are heard, seen or otherwise perceived by any person who is likely to feel harassed, alarmed or distressed (even if there was no intent to cause such harassment, alarm, or distress):

• Using any threatening, abusive or insulting words or behaviour.
• Making any threatening, abusive or insulting communication.

Refer to Section 4 of the POHA for illustrations for such conduct. Please note that these illustrations may not be applicable to POHA proceedings in the Family Court.

Threatening, abusive, or insulting words

A person or entity may be liable if they use any threatening, abusive or insulting words, behaviour, or communication in the following situations:

• with the intent to cause the victim to believe that unlawful violence will be used against the victim, or to provoke the victim to use unlawful violence on another person or
• if such words, behaviour, or communication is likely to cause a victim to believe that such violence will be used, or is likely to provoke the use of unlawful violence.

Publication of Information

A person or entity may be liable if they publish any identity a victim (or a person related to the victim) in the following situations:

• with the intent to make the victim believe that unlawful violence will be used against the victim or any other person, or to facilitate the use of unlawful violence against the victim or other person or
• knowing or having reasonable cause to believe that such publication is likely to cause the victim to believe that unlawful violence will be used against the victim or any other person, or to facilitate the use of unlawful violence against the victim or other person.

If you are unsure whether the act(s) you are complaining of are actionable under this category, please refer to Section 5 of POHA. Alternatively, you may wish to seek independent legal advice.

Note: This is different from an act causing harassment, alarm or distress as it requires a threat of physical violence.

Refer to Section 5 of the POHA for more information. These illustration may not be applicable to POHA proceedings in the Family Court. 

• It involves an act or omission associated with stalking.
• It causes harassment, alarm or distress to the victim.
• The offender intended to cause harassment, alarm or distress to the victim, or should reasonably know that the act is likely to cause harassment, alarm or distress to the victim.

Examples:

(In the following examples, the term "someone" may refer to the victim or any related person.)

• Following someone.
• Entering or loitering in areas near someone’s home or business.
• Giving or leaving someone gifts despite being asked to stop doing so.
• Keeping someone under surveillance.
• Repeated circulation of revealing photographs of someone to other people.

If you are unsure whether the act(s) you are complaining of are actionable in this category, please refer to Section 7 of the POHA. Alternatively, you may wish to seek independent legal advice.

It is also an offence to publish any information that may be used to identify a public servant or public service worker in any of the following cases:

• With the intent to prevent or deter them from discharging their duty.
• In consequence of anything that they did or tried to do in the lawful discharge of their duty.

Refer to Section 6 of the POHA and Sections 17C and 17F of the Privacy Security Act for more details. These illustrations may not apply to POHA proceedings in the Family Court.

• It is a statement which a reasonable person seeing, hearing or otherwise perceiving it would consider to be a representation of fact.
• It is false or misleading, whether in whole or in part, and whether on its own or in the context in which it appears.

A victim of a false statement of fact may be entitled to a remedy under the POHA if the case meets the relevant criteria in Part 3, Division 2 of the POHA. The criteria depends on the type of order the victim seeks to obtain.

If you are unsure whether the act(s) you are complaining of are actionable in this category, please refer to Part 3, Division 2 of the POHA. Alternatively, you may wish to seek independent legal advice.

• Family Justice (Protection from Harassment) Rules 2024.
• Family Justice (General) Rules 2024.
• Division 1 of the Third Schedule of the Family Justice (General) Rules 2024 (regarding fees).
• Protection from Harassment Act.
• Supreme Court of Judicature (Protection from Harassment) Rules.
• Appendix B of the Rules of Court (for matters commenced before 1 April 2022).
• Fourth Schedule of the Rules of Court 2021 (for matters commenced on or after 1 April 2022).

Refer to the Family Justice Courts Practice Directions 2024 as well as Appendix D for proceedings that are governed by the Family Justice (Protection from Harassment) Rules 2024.

• Name.
• Residential address or email address.
• Telephone number.
• Date of birth.
• Identity card number or passport number.
• Photograph.
  
• Employment details.
• Signature (whether handwritten or electronic).

Refer to Section 2 of the Protection from Harassment Act for more information.