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
Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 32 unacceptable and serve to deter potential perpetrators from offending.77 The Top End Womens Legal Service noted that, as a form of technology facilitated sexual or intimate violence, the non-consensual recording of intimate images is known to take place in a number of situations including: partners recording intimate partner sexual assaults; women agreeing to intimate images being taken in the context of an already violent relationship, where refusing may not be a safe option; and situations where a partner threatens to distribute private sexual material (whether originally taken with consent or not) to third parties such as, the children of the relationship, extended family, or employers as a means of punishment and control.78 3.60 As Mr Goldflam pointed out to the Committee, the absence of such an offence in the Bill is a significant gap in the breadth of this legislation. It can and should be remedied.79 The submissions from the NT Legal Aid Commission and the RMIT and Monash Universities recommended that the Bill incorporate a provision similarly worded to section 91(P) of the Crimes Act 1900 (NSW)80 such that: A person who intentionally records an intimate image of another person: (a) without the consent of the person, and (b) knowing the person did not consent to the recording or being reckless as to whether the person consented to the recording, Is guilty of an offence. Maximum penalty: Imprisonment for 3 years. 3.61 While noting that the non-consensual recording of intimate images is certainly an issue, the Department advised that the Bill was developed primarily in response to the NTLRC Report and the National Principles which only address the nonconsensual distribution of, and threatening to distribute intimate images. As such, the non-consensual recording of intimate images was beyond the scope of the NT Bill.81 3.62 The Committee understands that charges for offences such as up skirting that come before the NT Local Court are most commonly laid under section 47(a) of the Summary Offences Act (NT) and section 12(1) of the Surveillance Devices Act (NT).82 Section 47(a) of the Summary Offences Act, Offensive, &c., conduct, is very general in nature and carries a penalty of $2000 or imprisonment for 6 months or 77 Senate Legal and Constitutional Affairs References Committee, Phenomenon colloquially referred to as revenge porn, Commonwealth of Australia, Canberra ACT, February 2016, p.27 78 Top End Womens Legal Service, Submission No. 4 Appendix B, p.3 79 Mr Russell Goldflam, Committee Transcript, 14 February 2018, p.2 80 NT Legal Aid Commission, Submission No. 1, pp.2-3, RMIT University and Monash University, Submission No. 2, p.4 81 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.15; Ms Fiona Hardy, Committee Transcript, 14 February 2018, p.23 82 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, p.20 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