Territory Stories

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Details:

Title

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Other title

Tabled paper 650

Collection

Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT

Date

2018-03-13

Description

Tabled by Ngaree Ah Kit

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

Publisher name

Legislative Assembly of the Northern Territory

Place of publication

Darwin

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00042

Parent handle

https://hdl.handle.net/10070/294464

Citation address

https://hdl.handle.net/10070/396375

Page content

Recommendations 9 Recommendations Recommendation 1 The Committee recommends that the Legislative Assembly pass the Criminal Code Amendment (Intimate Images) Bill 2017 with the proposed amendments set out in Recommendations 2, 3, 4 and 5. Recommendation 2 The Committee recommends that paragraphs (a) and (b) of the proposed definition of intimate image in proposed section 208AA be amended to read as follows: (a) a person engaged in a sexual act of a kind not reasonably expected to be done in public; (b) a person in a manner or context that is sexual and of a kind not reasonably expected to be displayed in public; Recommendation 3 The Committee recommends that proposed section 208AB(2) be amended to include the following, generally applicable, defence provision: A reasonable person would consider the conduct of the accused person acceptable, having regard to each of the following (to the extent relevant): (i) the nature and content of the image, (ii) the circumstances in which the image was recorded or distributed, (iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the person depicted in the image, (iv) the degree to which the accused persons actions affect the privacy of the person depicted in the image, (v) the relationship between the accused person and the person depicted in the image. Recommendation 4 The Committee recommends that proposed section 208AE be amended to include provision for the Northern Territory Police, or the individual whose intimate image has been posted, to apply to the Local Court for an ex parte injunctive order to take-down, and not permit the republication of, any intimate images. Recommendation 5 The Committee recommends that the Bill be amended to include provision for a court to order compensation in the following terms: A court may order a person found guilty by the court of an offence under this Division to pay compensation to the aggrieved for any loss or harm sustained through, or by reason of, the offence.


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