The Northern Territory government has just announced an incredibly promising new trial that will begin on September 1. This trial will mean that pepper spray (or OC spray) can be utilized and sold publicly. This move would make the Territorians the second jurisdiction in Australia to allow this use after Western Australia. The ruling has fueled a firestorm of controversy between local leaders and legal activists. Their concerns are not unfounded, as wider access to this controlled instrument of death would likely cause increases in violence and further criminalization of people.
It is legal to possess OC spray in Western Australia, but it is considered a controlled weapon. This designation allows people to possess and use it—but only in very limited circumstances. The regulation further stipulates that users establish “reasonable grounds” for possession, with judges assessing each application on its merits. This complex legal structure is designed to balance the prevention of abuse with allowing people to defend themselves when there’s no choice.
Community Reactions and Concerns
Former Alice Springs deputy mayor Murray Stewart purchased OC spray. He did so before the recent news of the Northern Territory trial. He stated, “I understand they’re illegal, I would rather a day in court than to be dead.” Yet his comments reveal an increasing frustration among Washingtonians. They are more focused than ever on personal safety, with rising fears about violence in their neighborhoods.
John Paterson, CEO of the National Aboriginal Community Controlled Health Organisation and long-time Aboriginal health advocate, says the federal government’s 10-year plan will make things worse. He claims that making OC spray more widely available will lead to higher violence. Yet this change will add further pressure to an already stressed-over justice system.
“Weaponising people and allowing wider access to a harmful substance like OC spray won’t fix violence, it will fuel it,” – John Paterson
Paterson is a fierce champion of investing in preventive measures. He thinks we should be focused more on providing safe housing and culturally relevant healthcare than adding new weapons to the community.
Legal Implications of Carrying OC Spray
Specialist criminal lawyer Tabitha Raphael explains one of the biggest myths. She breaks down the legality of carrying OC spray in Western Australia. This means that having OC spray is legal, but if it’s used improperly, someone can be criminally charged for that use.
Most Americans who carry OC spray do so under the impression that it’s legal to carry all the time. Often, they do not grasp the legalities related to it,” she said. As Evans describes, there is no blanket approach to OC spray, each situation is considered on its own. Police discretion is necessary in determining legality of these type of actions taken during confrontations.
“Police would need to use their discretion and the court would then decide whether it’s lawful or unlawful,” – Tabitha Raphael
Raphael cautions that taking OC spray out in a confrontation comes with grave legal consequences. He argues that these risks are exacerbated if we allow tensions to escalate unnecessarily. As she illustrates, going to blows when you don’t have to can cost you dearly. Or worse, if the counterparty has already ceased its attacks, you might end up on the losing end of legal action.
Future of the Northern Territory Trial
Yet much is still unclear about the details surrounding the Northern Territory’s upcoming trial. So far, however, officials have not explained what stops individuals from buying OC spray themselves. They must further explain how the use of the technology will be governed. Thousands of Territorians will soon be able to carry pepper spray for self-defence. That hasn’t prevented worries about what the implications could be.
The full Northern Territory trial period will be for 12 months. Supporters and critics alike will be watching its effects on public safety and community relations very closely in the meantime. Legal experts such as Raphael are still doubtful. He stresses that the approach is very rigorous, and anyone looking for self-defense exemptions for OC spray will have to fit certain standards.
As the trial approaches, the community grapples with differing perspectives on safety and legality amid ongoing discussions about the best paths forward for reducing violence.
