The phenomenon of stalking is not new, but it has recently attracted increasing interest from both researchers and legislators; however, legislative attempts to protect the victims of stalking have been only partly successful because of the nature of stalking behavior and motivations. Studies in the United States, the United Kingdom, and Australia have confirmed that a significant proportion of stalkers have a major mental illness that could respond to treatment, and that the remainder of stalkers have significant interpersonal disabilities, many of whom could respond to counseling. Moreover, assessment of the circumstances and motivations for stalking are important to determine and help reduce the risk of harm from stalking. Because of the narrow statutory interpretations of stalking, anti-stalking legislation is rarely used. An understanding of the motivations of stalkers confirms that most mentally ill offenders, who are among the most troubling and persistent, would not fall within the definition of the New South Wales legislation; however, the AVO legislation in New South Wales can accommodate all forms of motivation and behavior; and it provides for flexible orders that can include specific types of behavior. More importantly, the legislation also provides for psychiatric assessment of stalkers. Although New South Wales has not yet developed a service or mechanism to ensure provision of psychiatric assessment and treatment of stalkers, this avenue for treatment may ultimately prove dramatically more effective than criminal justice responses to the problem of stalking. 20 references