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
2018-03-13
Tabled by Ngaree Ah Kit
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Tabled papers
Legislative Assembly of the Northern Territory
Darwin
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https://www.legislation.gov.au/Details/C2019C00042
https://hdl.handle.net/10070/294464
https://hdl.handle.net/10070/396375
Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 16 (c) the genital or anal region of a person, or in the case of a female or a transgender or intersex person and who identifies as female, the breasts.12 3.5 While the proposed definition of intimate image is very similar to that of the ACT, the Committee notes that the ACT legislation also refers to a person engaged in a private act. Similar to NSW, engaged in a private act is defined as in a state of undress; or using the toilet showering or bathing; or engaged in an act of a sexual nature of a kind not ordinarily done in public.13 However, the Department advised that: the NTLRC considered that the definition ought to be confined to sexual images AGD considered this was a sensible constraint on the limits of criminalisation.14 3.6 Noting that the ACT legislation was initially modelled almost verbatim on the NSW Crimes Amendment (Intimate Images) Bill,201715, the Department advised the Committee that: the reasonable person test as to the circumstances where a person would be expected to be afforded privacy was removed from the [ACT] definition of intimate image on the ground that the term privacy, not being used elsewhere in the Crimes Act 1900 (ACT), meant that the definition lacked sufficient certainty. AGD found these arguments convincing. Privacy is, likewise not defined in the NT Criminal Code.16 3.7 Mr Rhys Michie (Private Citizen), was concerned that there is no connection to a sexual context in paragraphs (c) and (d) of the definition of intimate image: Thus, a man wearing underpants at the beach may be captured by this provision. It does not appear that this behaviour necessarily will hurt, intimidate or extort others. I think this construction of the definition extends beyond the purpose of this legislation. I recommend the Committee consider amending the definition to delete covered by underwear. Alternatively, another option could be to make it a necessary condition that the covering of the genital or anal region, or a breast has a connection to a sexual context.17 3.8 Noting that covered by underwear is consistent with equivalent definitions in other Australian jurisdictions, the Department advised that, as set out in the Explanatory Statement, it was of the view that while images of these parts of the body may not necessarily be sexual, their non-consensual distribution, whether bare or covered by underwear, would constitute such a degree of invasion of privacy as justifying criminalisation.18 12 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-nonconsensual-sharing-of-intimate-images, pp.7 and 35-6 13 Crimes (Intimate Image Abuse) Amendment Act 2017 (ACT), s72A 14 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.2; 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 15 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.2 16 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.2 17 Mr Rhys L.G. Michie, Submission No. 5, p.2 18 Explanatory Statement, Criminal Code amendment (Intimate Images) Bill 2017 (Serial No. 38), https://parliament.nt.gov.au/committees/spsc/CCA, pp.2-3 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 https://parliament.nt.gov.au/committees/spsc/CCA#TP 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 https://parliament.nt.gov.au/committees/spsc/CCA#TP https://parliament.nt.gov.au/committees/spsc/CCA#TP https://parliament.nt.gov.au/committees/spsc/CCA