Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018
Tabled paper 650
Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT
Tabled by Ngaree Ah Kit
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Legislative Assembly of the Northern Territory
Examination of the Bill 15 3 Examination of the Bill Introduction 3.1 All of the submissions received noted their in principle support for the Bill. In a number of instances clarification was sought on the anticipated operation of the Bill. Submitters also provided suggestions as to how the Bill might be improved. The following discussion considers the main issues raised in the evidence received and the responses to the Committees written questions provided by the Department of the Attorney-General and Justice (the Department). Definition of Intimate Image 3.2 Proposed section 208AA defines intimate image as a moving or still image in any form that depicts or has been altered to depict: (a) a person engaged in a sexual act; or (b) a person in a manner or context that is sexual; or (c) the genital or anal region of a person, whether bare or covered by underwear; or (d) a breast, whether bare or covered by underwear of a female person or a transgender or intersex person who identifies as female. 3.3 A number of witnesses were concerned that the definition is too broad and may inadvertently capture innocuous and everyday imagery that the Bill does not intend to criminalise.10 The NT Legal Aid Commission submitted that the definitions of intimate image, engaged in a private act and private parts in section 91N of the NSW legislation were preferable as they are: more precise and more comprehensive than the proposed NT s 208AA definitions. In addition, the NSW definition of intimate image includes images recorded in circumstances in which a reasonable person would reasonably expect to be afforded privacy. It is noted that the NTLRC Report also proposes that the definition of intimate image should make reference to an image that depicts a person in a way that suggests the image is of an intimate or private nature.11 3.4 The Department advised that consideration was given to the definitions in equivalent legislation in other Australian jurisdictions, in particular NSW and the ACT, as well as Recommendation 3 of the NTLRC Report which proposed that: The term intimate image should be defined to mean a moving or still image that depicts: (a) a person engaged in a sexual activity; or (b) a person in a manner or context that is sexual; or 10 NT Legal Aid Commission (the Commission), Submission No. 1; Commissioner for Information and Public Interest Disclosures, Submission No. 3 and Mr Rhys L.G. Michie, Submission No. 5 11 NT Legal Aid Commission, Submission No. 1, pp.2-3; Northern Territory Law Reform Committee, Report on the Non-Consensual Sharing of Intimate Images, Report No. 43, November 2016, https://justice.nt.gov.au/attorney-general-and-justice/law/report-on-the-non-consensual-sharing-of-intimateimages, p.35 https://justice.nt.gov.au/attorney-general-and-justice/law/report-on-the-non-consensual-sharing-of-intimate-images https://justice.nt.gov.au/attorney-general-and-justice/law/report-on-the-non-consensual-sharing-of-intimate-images
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