NT

The Companion Animals Act sets out the responsibilities of owners and of councils in respect of domestic dogs and cats and provides for what steps can be taken by councils and courts if dogs and cats are not adequately controlled. The Crimes Act 1900 contains offences involving dogs and the Companion Animals Act sets out…

The consequences of being found unfit to plead in the Northern Territory have been the subject of controversy for some time. Despite provisions in the Criminal Code Act and the Mental Health and Related Services Act that seek to ensure offenders who suffer from mental impairments are dealt with appropriately, many such persons are kept…

On 16 January 2019, the NT Coroner handed down his findings in the inquest into the death of Australian Defence Force soldier Jason Roger Challis while taking part in a live firing exercise near Darwin. The 25-year-old died after being shot in the head by his fellow soldiers after taking up an incorrect position behind…

Aboriginal customary law is a term used loosely to refer to the traditional punishments and dispute-resolving processes used in Aboriginal communities. The criminal law in Australia is derived from the British legal system and contains many culturally specific assumptions about the nature of law and order that are at times ill-suited to the way disputes…

In the Northern Territory, the Youth Justice Act governs how young offenders are to be treated by police and what options the Youth Justice Court has for dealing with youths facing criminal charges.  The Youth Justice Court deals with young people between the ages of 10 and 18 (children aged under 10 are not criminally liable). The…

Advocates for LGBTIQ rights in the Northern Territory have campaigned long and hard for an end to discrimination against LGBTIQ people. As the law in the NT now stands, the rights of non-heterosexuals are protected in most areas. However, the NT Anti-Discrimination Act does not comprehensively protect individuals from discrimination on the basis of gender…

There are a number of different offences that can be charged as ‘trespass’ in the NT. Criminal trespass is governed by the Trespass Act and governs situations where a person enters private property without permission and when a person fails to leave property after a direction to do so. Trespass is an offence usually punished…

There can be a number of legal consequences to being found drunk in a public place. These include being taken into protective custody or being charged with an offence. Being drunk can also have an impact on the weight that a court can give to your testimony in the event you witness or are involved…

If you have been the victim of a violent crime in the Northern Territory, you can apply for financial compensation through a government scheme administered by the Crime Victims Services Unit (CVSU). The scheme offers financial assistance for physical and psychological injuries, loss of earnings and other expenses incurred as the result of a violent…

In 2016, the federal government made it legal to grow cannabis for medicinal use in Australia, when a person has a licence to do so and does so under tight controls. Since then, a number of companies have commenced commercial operations in Australia producing cannabis for medicinal purposes. Despite this development, it remains a criminal…

Sexual offences such as indecent assault in the Northern Territory are governed by the Criminal Code Act and the Sentencing Act. The Criminal Code Act sets out the different offences and the maximum penalties that attach to them, while the Sentencing Act sets a mandatory sequencing regime that applies to all sexual offences in the…

Aboriginal people have long been over-represented in Australian prisons. While the incarceration rate has increased across the board in the last 20 years, the Aboriginal incarceration rate has skyrocketed.  The number of Aboriginal Australians in custody has increased by 88% since 2004, while the non-Aboriginal incarceration rate has risen by 28%. In the Northern Territory…

The ‘age of consent’ refers to the age at which a person can legally consent to sex. The age of consent varies between different states and territories. In the Northern Territory it is 16. The law does not prohibit young people below 16 from having sex but rather, it prohibits other people from having sex…

Domestic Violence Orders in the Northern Territory are governed by the Domestic and Family Violence Act (NT). This Act gives the NT courts the power to make orders restraining a person from engaging in domestic and family violence. It sets out the procedure on how to apply for a Domestic Violence Order (DVO) in the…

Personal searches in the Northern Territory can only be generally conducted after police obtain a search warrant.  There are, however, certain situations where the law allows police to conduct a personal search without a search warrant. The powers of police to conduct personal searches are outlined in the Police Administration Act (NT). When can police…

A certain etiquette in the Northern Territory (NT) applies to courts as would be expected in any other formal situation such as a workplace or educational institution. All court attendees are expected to follow court etiquette in the NT to show respect for the legal system. You can be asked to leave the courtroom if…