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Home AustraliaNorthern Territory Reintroduces Mandatory Sentencing for Domestic Violence Order Breaches

Northern Territory Reintroduces Mandatory Sentencing for Domestic Violence Order Breaches

by News Desk
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The Northern Territory government has passed new legislation mandating minimum prison sentences for individuals who breach Domestic Violence Orders (DVOs) and either cause or threaten harm. These changes, driven by the Country Liberal Party (CLP) which holds a majority in the NT’s single-chamber parliament, have been implemented despite strong opposition from experts in domestic, family, and sexual violence (DFSV) services.

This legislation revives a previously repealed provision that was removed by the former Labor government in 2022. According to a CLP spokesperson, mandatory sentencing will now apply to first-time DVO breaches if harm is caused or threatened. However, first-time breaches without any threat or actual harm may not trigger the mandatory sentence.

Attorney-General Marie-Clare Boothby noted that even repeated breaches—regardless of whether harm is caused—would be subject to mandatory sentencing. Judges will still determine the actual prison term, as the law only sets a minimum threshold.

The amendments also increase the maximum sentence for breaching a DVO from two to five years and enhance victims’ access to offender information. The NT’s already high incarceration rates—over 1% of the population—is expected to rise as a result.

The proposed changes received widespread criticism. Legal and advocacy groups submitted 21 responses to the NT’s Legislative Scrutiny Committee, all opposing the move and arguing there is no evidence that mandatory sentencing effectively prevents domestic violence.

Holly Supple-Gurruwiwi, a domestic violence survivor, warned that Indigenous women are frequently misidentified as perpetrators and may end up criminalised under reciprocal DVOs. She said the changes risk jailing victims who most need protection.

The NT has Australia’s highest domestic and family violence rates, with an intimate partner homicide rate seven times the national average.

Voluntary Assisted Dying Back on Legislative Agenda

Meanwhile, Labor Opposition Leader Selena Uibo has announced work on a private member’s bill to legalise voluntary assisted dying (VAD) in the NT. The territory initially passed such a law in 1995, but it was overturned by the federal government a year later. In 2022, the federal government restored the NT’s power to legislate on VAD.

In 2024, an expert panel submitted a VAD framework following extensive community engagement, recommending legislation consistent with other Australian jurisdictions. Despite this, the CLP has deferred the matter to a parliamentary committee for further review, drawing criticism from Labor and independent MLA Justine Davis, who are calling for quicker action.

Uibo said the time for consultation had passed and her bill would ensure dignity and choice for those suffering in the NT.

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