CLP reintroduces mandatory sentences for some DVO breaches

The Northern Territory has reintroduced mandatory sentencing for certain domestic violence offences, despite warnings it would increase the risk to victims.

Mandatory sentencing has been reintroduced for some DVO offences in the Northern Territory. Picture: NewsWire / Glenn Campbell

The Northern Territory has reintroduced mandatory sentencing for certain domestic violence offences, despite warnings it would increase the risk to victims.

Among the reforms, passed into law on Tuesday, courts must now impose a prison sentence on anyone who breaches a domestic violence order multiple times in a short period, commits a breach involving harm or threat to harm, or has a history of DVO breaches.

Other changes include increasing the victims’ levy for guilty offenders by 40 per cent; a new electronic application process to fast-track applications for victims seeking financial relief; and an expansion of the victims’ register so victims are notified on more occasions when their perpetrators breach orders, including those who are not sentenced to a term of imprisonment.

Northern Territory Attorney-General Marie-Clare Boothby. Picture: Fia Walsh.

Attorney-General Marie-Clare Boothby said the Bill introduced crucial changes to hold domestic violence offenders to account, protect victims and provide additional funding and support to victims of crime.

“With the passing of these new laws, the Northern Territory will have the strongest and most robust mandatory sentencing domestic and family violence laws in the nation,” she said.

“These new laws will ensure offenders are put behind bars. When the offender is behind bars, the victim is safe.

“I refute the idea that we cannot hold offenders accountable for their actions because they may reoffend … We will not be dictated to by these violent offenders and keep these vulnerable women in a culture of silence through violence.”

Ms Boothby said the government was also committed to tackling the root causes of offending, and had funded a record $36m for domestic violence services in this year’s budget.

A draft of the Bill was referred to the Legislative Scrutiny Committee, which did not hold public hearings but received 21 submissions from legal and frontline services – all of which opposed mandatory sentencing for DVO breaches.

Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council has expressed concerns about the ‘rushed” reforms.

“We know from experience that the risks to women’s safety increase around times of separation and release from prison, and we are deeply concerned that rushed reforms without consultation will result in an increased risk of homicide for NT women,” Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council said in its submission.

NT Labor Opposition Leader Selena Uibo. Picture: Fia Walsh.

The NT Women’s Legal Service said judicial discretion was “vital” for DVOs due to the large number of women – particularly Aboriginal women – who are misidentified as perpetrators, rather than victims.

Australia’s National Research Organisation for Women’s Safety said research across the country showed that imprisonment – particularly short terms of imprisonment – could lead to more criminal behaviour.

“While imprisonment can be an option, including to enable short-term respite, the evidence is clear that it is not an effective tool for reducing the continued use of violence,” the submission said.

As of January this year, an estimated 6317 Territorians were under an active Domestic Violence Order.

Opposition Leader Selena Uibo said Labor supported the victims’ register, but could not support mandatory sentencing because it “put the lives of Territorians at risk”.

“This Bill introduces mandatory sentencing with no minimum term, meaning someone who breaches a domestic violence order could be jailed for just seven days, which is not long enough to access rehabilitation, to change violent behaviour,” she said.

“It is, in fact, the opposite. It is long enough to sit in a cell to grow angrier and perhaps return home more dangerous.”

Originally published as CLP reintroduces mandatory sentences for some DVO breaches