The Country Liberal Party (CLP) government of the Northern Territory (NT) has recently passed draconious legislation. This law requires mandatory minimum sentences for certain violations of domestic violence orders (DVOs). This decision addresses the shocking, high rates and prevalence of domestic violence across the Northern Territory. It challenges a crisis with some of the worst figures in Australia. The CLP presently holds 17 of the 25 parliamentary seats. It is a truly short period under which they have ruled since coming to power in August 2022.
Second or subsequent DVO breaches will have mandatory sentencing under the new laws. This remains true even where no harm was actually threatened or caused. Attorney-General Marie-Clare Boothby (20) to underscore that it will be the courts who decide the final sentence length. The government has expanded the maximum sentence for a DVO breach from two to five years, aiming to enhance victims’ access to information about offenders and improve overall safety.
The NT has been hit in recent months by a massive spike in its prison population. In the three years since the CLP came to power, over 500 people have joined the ranks of the inmate population. This means that more than 1 percent of the NT’s entire population is presently behind bars. Critics, including the National Association of Criminal Defense Lawyers, warn that these new mandatory sentencing laws will only worsen this trend.
Impact on Victims and Offenders
The new legislation is sure to have a profound effect on victims and offenders alike. A spokesperson for CLP explained that mandatory sentencing only applies if an offender violates a DVO for the first time. Except when they threaten a specific individual or incite violence. They also agreed that it should not apply in situations where no harm was posed or created.
Holly Supple-Gurruwiwi is a leading figure in the fight for Indigenous representation. She raised alarm about how these legislative measures could affect survivors of domestic violence. She highlighted how difficult the lives of Aboriginal women are when they’re not seen as the perfect victim. Consequently, they often obtain mutual DVOs right along with their spouses.
“That then allows the victim of domestic violence to become further victimised, and even criminalised,” – Holly Supple-Gurruwiwi
Supple-Gurruwi pointed out that Indigenous victims often face mutual DVO breaches, making their circumstances even more complex and dangerous. She was quickly attacked for raising those concerns by the authors of those new laws. Otherwise, they might find themselves locking up victims rather than offering them the security they urgently seek.
“The mandatory sentencing [for DVO breaches] is going to see the victim, the person most in need of protection, in jail, which seems to be the opposite of what we’re trying to achieve.” – Holly Supple-Gurruwiwi
This perspective raises important questions about the value of mandatory sentencing. Can it really protect at-risk people and better serve those experiencing domestic violence?
Rising Rates of Domestic Violence
When compared to national averages, the Northern Territory has disproportionately experienced some of the highest rates of domestic, sexual, and family violence in Australia. The intimate partner homicide rate in the NT is seven times higher than the national average, underscoring the urgent need for effective measures to combat this crisis.
The CLP government has recently brought in new legislation to address these long standing issues. This new law makes that very clear – that violation of DVOs will not be accepted. Critics argue that without addressing systemic issues and providing adequate support for victims, such punitive measures may not yield the desired outcomes.
Selena Uibo, a member of the opposition, reflecting on the current state of affairs just last week. She went on to note how VAD debate and consultation had taken over consultation processes on domestic violence matters. Uibo went on to say that enough consultation had taken place and accused the CLP of dragging their heels on reforms badly needed.
“We’re … starting the process to draft a bill that will provide dignity and choice for people who are suffering in the NT,” – Selena Uibo
These related, but often intertwined, and sometimes even conflicting issues need urgent attention. A new multifaceted approach is necessary, one that again prioritizes legal consequences and victim support services.
Legislative Consistency with Other Regions
The current CLP government has passed draconian laws. These laws are now “broadly consistent with” similar laws across other states and territories in Australia. This alignment hints at a larger and long overdue movement toward creating uniform systems of response to domestic violence across the country.
Stakeholder perspectives Stakeholders are divided on whether these measures will effectively serve victims of trafficking or just perpetuate the cycles of incarceration and victimization. The government’s commitment to addressing domestic violence through legislation reflects a critical moment in NT’s fight against this pervasive issue.
