The ‘enormous’ law and order agenda the Northern Territory’s CLP government is bringing to parliament


The new Northern Territory government has promised to bring an “enormous” law and order agenda to the new term of parliament today.

The Country Liberal Party (CLP) will act on a raft of election promises including lowering the age of criminal responsibility, ‘Declan’s Law’ bail changes and cracking down on public drinking.

But there are also a few snap policies being introduced in these October sittings, such as new “posting and boasting” laws and greater powers for police.

Group of politicans walking down street

There are 17 CLP members in the 25-seat Northern Territory parliament. (ABC News: Jayden O’Neill)

Members of parliament are usually given at least a month to consider legislation before debating it, but the CLP is expected to use its 17-strong majority to pass its new laws within the two-week sittings.

It means the Labor opposition and crossbench will have less time to scrutinise the changes.

“We have a clear mandate to deliver this reform, and we make no apologies for delivering it,” Chief Minister Lia Finocchiaro said.

Here’s what we know about the new laws.

Lowering the age of criminal responsibility

A key piece of the CLP’s tough on crime election campaign was lowering the age of criminal responsibility back to 10 years old.

It’s a reversal of the previous Labor government’s move to raise the age to 12 about two years ago.

Despite warnings from a wide range of health professionals, lawyers and human rights groups, Chief Minister Lia Finocchiaro said it would allow the government to “intervene earlier in a young person’s life” and put them through mandatory diversion programs.

Both the NT and national children’s commissioners have voiced their concerns and requested the government halt its plans to legislate the change this sittings — but their calls have so far been dismissed.

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Declan’s Law

A raft of bail changes known as Declan’s Law is also expected to pass parliament within the next two weeks.

The changes expand the presumption against bail for various offences and for children aged 10 to 17, with the aim of keeping more accused offenders on remand.

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It comes after the murder of Declan Laverty, a 20-year-old who was fatally stabbed at his workplace by a customer who was out on bail for a previous alleged assault.

The death sparked a series of crime rallies and calls for tougher bail laws, spearheaded by his mother Samara Laverty.

A large crowd of people gathered in a town square, with a large prominent sign reading 'Get Tough on Crime'

Protesters demanded action on crime following Declan Laverty’s death in March. (ABC News: Matt Garrick)

But lawyers and justice reform advocates have raised questions about how the NT’s overcrowded prisons will deal with an increase in people remanded behind bars.

Police will also get new powers to use metal-detecting wands on public transport and in schools – a measure the government announced after the August election.

An arm holding a wand against the back of someone's pants.

Currently police can only use wands if a senior sergeant, superintendent or a commander authorises it, but the CLP is expected to allow some lower-ranking officers to be able to make the call as well. (ABC News: Michael Franchi)

Public drinking

The government is introducing a “nuisance public drinking” law that will allow police to issue heavy fines, arrest and charge an individual with the new offence.

Drinking publicly in town centres or within 2 kilometres of a licensed premises is already prohibited but current laws only allow police to search a person and seize alcohol.

The new law gives police the power to issue maximum fines of $925 and arrest and charge a person for drinking illegally, as well as add them to the Banned Drinker Register for seven days.

Ms Finocchiaro said it would allow police to “intervene early” and prevent other crimes from occurring, but health experts and the opposition said it would disproportionately target vulnerable groups and do little to reduce alcohol-related harm.

Exemptions will apply at East Point, Mindil Beach and the Nightcliff foreshore, however the government has said people who are “nuisance public drinking” in those areas could still face prosecution.

A police paddywagon driving in the Alice Springs CBD.

Two police vehicles were rammed by youths driving stolen cars in Alice Springs last week. (ABC News: James Elton)

Ram raids

The government is creating a new law against ram raids, which covers the use of a vehicle to cause damage to property including businesses, homes and other vehicles.

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Previously, ram raids could be charged under existing property damage laws that carry a maximum penalty of 10 years’ imprisonment.

The new ram raiding offence will also carry the same maximum penalty, but Ms Finocchiaro said having a standalone law sends “a very clear message” the crime won’t be tolerated.

A set of glass doors that have been smashed in a ram raid.

The CLP is introducing a law against ram raids that has the same maximum penalty as property damage. (ABC News: Peter Garnish)

‘Post and boast’ laws

The CLP government will also pass new laws against “posting and boasting” about crime on social media.

The new offence will apply to anybody who “promotes” criminal activity online for the “purpose of notoriety” but will not apply to those who post about others’ crimes to raise awareness.

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This reform was not an election promise and was announced earlier this month after NT Police warned that posts about crime, including from bystanders, risked fuelling more criminal behaviour.

The new laws will carry a maximum penalty of two years’ imprisonment.

Mandatory sentences for assaults against workers

Minimum mandatory sentences will be created for assaults against all territory workers, with tougher penalties to apply for assaults against police and emergency workers.

Spitting on frontline workers will carry a mandatory minimum sentence of three months’ imprisonment and community correction orders will be the minimum penalty for non-physical assaults.

The back of an ambulance displaying a warning to people to give paramedics 'space to save lives'

St John NT has been running a messaging campaign in a bid to prevent their workers from being assaulted. (ABC News: Michael Franchi)

There have been more than 140 reports of physical and sexual assault against St John NT staff over the past 12 months, director of ambulance services Andrew Thomas said.

“[It averages] one incident per operational paramedic … frontline workers must be able to do their jobs safely and without interruption,” he said.

There will also be tougher penalties for assaults that target someone while they’re working, no matter what job they have.

Physical assaults against workers other than frontline staff will attract a mandatory term of actual imprisonment if the offender has a violent criminal history, while first-time offenders will be given a community correction order.



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