NT government’s draft changes to domestic violence orders explained

The Territory government has revealed draft changes to the scope of domestic violence orders, which include new laws on exploiting ‘intimate images’.

An offender may be ordered to delete intimate images of a victim while “coercive control” will become new grounds for issuing a domestic violence order under a suite of law changes.

The Territory government on Thursday released draft reforms to the Domestic and Family Violence Act 2007, which it is seeking public feedback on.

Next to creating new definitions for “technology abuse” and “emotional and psychological abuse”, the court will be able to look at the “concept of coercive control” when considering a domestic violence order application or breach.

It comes amid national reforms following the murder of Hannah Clarke and her three children in Queensland three years ago.

Attorney-General Chansey Paech at a press conference ahead of anti-discrimination reform. Picture: (A)manda Parkinson

However the changes are not expected to go as far as making coercive control a stand-alone criminal offence.

Further amendments to DVO applications are set to allow courts to consider whether a defendant has previously been issued with an DVO, both current and expired, as well as ongoing legal proceedings if any involving the applicant or defendant.

It is also proposed that DVOs could include an order for a defendant to destroy an intimate image of a protected person.

Other measures include an extension of the default expiration period for DVOs to five years, or 12 months for a person aged between 14 and 18.

Prevention of Domestic, Family and Sexual Violence Minister Kate Worden said the reforms, which have been drafted in consultation with police, courts, victim survivors and service providers, aimed to tackle all forms of domestic violence.

“Improving the justice response to domestic and family violence is a high priority for our government because we are determined to come to grips with this scourge that negatively impacts our people and our communities,” she said.

Attorney-General Chansey Peach said the government was particularly seeking feedback from victims with lived experience of DV.

“We continue to modernise our legislation to keep it contemporary and ensure it reflects best practice and that’s why we’re releasing an exposure draft Bill for feedback from people with expertise on domestic and family violence,” he said.

Submissions close on August 22 and can be made by emailing [e-mail].

The Justice Legislation Amendment (Domestic and Family Violence) Bill 2023 is then expected to be introduced to parliament before the end of the year.