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Mandatory sentencing reinstated for some DVO breaches in NT after bill passes parliament
Mandatory sentencing reinstated for some DVO breaches in NT after bill passes parliament

ABC News

time20-05-2025

  • Politics
  • ABC News

Mandatory sentencing reinstated for some DVO breaches in NT after bill passes parliament

Perpetrators who threaten or cause harm while breaching a domestic violence order (DVO) will receive a mandatory minimum sentence, under new laws brought forward by the Northern Territory government. The Country Liberal Party (CLP) used its majority in the NT's only parliamentary chamber to legislate the changes on Tuesday, despite widespread disapproval from the domestic, family and sexual violence (DFSV) sector. The legislation restores a mandatory minimum sentence provision repealed by the former Labor government in 2022. A CLP government spokesperson said under the new laws, mandatory sentencing would apply where an offender "breaches their DVO for the first time and threatens or causes harm". "However, it may not apply in circumstances where a person has breached a DVO for the first time and has not caused or threatened to cause harm," they said. Attorney-General Marie-Clare Boothby said mandatory sentencing would also apply for repeat DVO breaches where harm was not threatened or caused. She said prison sentences for the breaches would be determined by the judiciary. "It's set for the courts as a minimum of a term of imprisonment," Ms Boothby said of the changes. "That will be up to the courts to decide what [the term of imprisonment] is." The legislation also expands the maximum sentence for a DVO breach from two to five years, and enhances victims' access to information about offenders. It is likely to see an increase to the NT's record prison population, which has risen by more than 500 since the CLP was elected last August. The bill was introduced to parliament in March amid criticism from several women's legal services, and subsequently referred to the NT's Legislative Scrutiny Committee. The committee received 21 submissions, all of which opposed the reintroduction of mandatory sentencing and claimed there was no evidence to suggest it prevented domestic violence-related offences. Another concern highlighted was the misidentification of Indigenous women as perpetrators in violent relationships. Domestic violence survivor Holly Supple-Gurruwiwi said Aboriginal women who were not "the perfect victim" often received reciprocal DVOs along with their partners. "That then allows the victim of domestic violence to become further victimised, and even criminalised," she said. "The mandatory sentencing [for DVO breaches] is going to see the victim, the person most in need of protection, in jail, which seems to be the opposite of what we're trying to achieve." The NT has the highest rates of domestic, sexual and family violence in Australia, with a rate of intimate partner homicide seven times that of the national average. On Tuesday, Labor Opposition Leader Selena Uibo announced she had begun drafting a private member's bill to legalise voluntary assisted dying (VAD) in the NT. The NT was the first jurisdiction in the world to legalise VAD in 1995, but the law was overruled by the federal government one year later. The territory's right to legislate its own VAD laws was reinstated by the federal government in 2022. In July 2024, an expert advisory panel provided the former NT Labor government with a VAD framework report after undertaking months of community consultation. It made 22 recommendations, including that the NT should implement legislation "broadly consistent" with laws in other Australian states and territories. Despite that, the CLP last week referred the VAD issue to a parliamentary committee for further consultation. The referral followed pressure from independent MLA Justine Davis, who urged the government to take progressive action on VAD. Ms Uibo said enough consultation had already taken place on VAD and the CLP was kicking "the can down the road". "We're ... starting the process to draft a bill that will provide dignity and choice for people who are suffering in the NT," she said of her private member's bill. VAD is legal in all Australian jurisdictions except the NT.

Legal Aid NT board member speaks out about string of resignations following appointment of new director
Legal Aid NT board member speaks out about string of resignations following appointment of new director

ABC News

time15-05-2025

  • Politics
  • ABC News

Legal Aid NT board member speaks out about string of resignations following appointment of new director

A long-standing board member of Legal Aid NT (LANT) has claimed the NT attorney-general ignored formal recommendations for the organisation's director position over two rounds of recruitment, before making a "captain's pick" appointment to the role. Attorney-General Marie-Clare Boothby appointed South Australian barrister Catherine Voumard the director of LANT earlier this month, despite an independent selection panel deeming her unsuitable for the job. The decision prompted three of the LANT board's seven members, and its only non-government members, to resign from the organisation. The ABC has confirmed those three former members are Ali Nur, Tessa Czislowski and the board's chair Duncan McConnel SC. Mr Nur served as the board's community interest representative for nine years, but he resigned last week, saying Ms Boothby's decision to override the panel's recommendations was "unfair" and lacked transparency. He said the LANT director vacancy was first advertised in July last year, when an independent advisory panel headed by Mr McConnel was set up to assess potential candidates. In October, the panel provided Ms Boothby with a report recommending three suitable applicants. Ms Boothby selected one of those three, but the chosen applicant subsequently withdrew her application for the role. The two remaining applicants were rejected by the attorney-general, forcing the panel to reconvene. Mr Nur said the director position was re-advertised in November, at a time when LANT was under significant financial and resourcing stress. He said Ms Voumard was one of 18 applicants in the second application round, but she did not progress to the interview stage. In February, the panel put forward three applicants as suitable for the position, with one selected as a high-calibre candidate. However, Ms Boothby rejected all three in favour of Ms Voumard. "The minister didn't give the board any reason why," Mr Nur said. "We went through a thorough process, impartial process, a fair process … and now the minister says 'it doesn't matter who meets or doesn't meet the criteria, this is my captain's pick'. "I don't think that's good enough." Mr Nur said he felt the move indicated Ms Boothby had "lost faith" in the board. "Sadly, we feel the minister doesn't give a hoot," he said. In a letter sent to Ms Boothby last week, Mr McConnel said he was "deeply disappointed" by her choice to override the panel's decision. "Ms Voumard's appointment appears to have been based on reasons other than merit or otherwise marks a serious departure of judgement between the Attorney and the [Legal Aid] Commission," he wrote. NT Bar Association president Mary Chalmers SC has also called for transparency about the appointment process, saying selections "made contrary to the advice of a panel" could "damage community and organisational confidence". Faced with questions over her decision in NT parliament on Wednesday, Ms Boothby backed the move and said Ms Voumard would bring "diverse experience" to the role. "She's worked for Legal Aid before, she's worked for NAAJA [the North Australian Aboriginal Justice Agency] before … and guess what? She also worked for Maleys, which is excellent because they are a good, local, large, experienced law firm in the Northern Territory." Maleys Barristers & Solicitors is headed by former Country Liberal Party MLA Peter Maley, who is also the brother of current deputy chief minister Gerard Maley. Mr Nur said LANT was yet to recover from the financial issues it has been facing in recent months. In October, the organisation indicated it would have to cut critical services due to a lack of funding and skyrocketing demand. "We're having absolute difficulty recruiting competent lawyers … we can't retain the ones we've got," Mr Nur said. He said Ms Voumard's appointment risked undermining trust in the organisation at a time when consistent and experienced leadership was essential. "For a healthy, sound justice system, we need a stable, qualified workforce," he said.

Legal Aid NT chair resigns amid backlash over government's 'captain's pick' for new director
Legal Aid NT chair resigns amid backlash over government's 'captain's pick' for new director

ABC News

time13-05-2025

  • Politics
  • ABC News

Legal Aid NT chair resigns amid backlash over government's 'captain's pick' for new director

The chair of Legal Aid NT (LANT) has resigned over a "captain's pick" appointment of the organisation's new director, who was deemed unfit for the role by an independent selection panel. Northern Territory Attorney-General Marie-Clare Boothby appointed South Australian barrister Catherine Voumard to take on the role earlier this month. It came after an independent committee, headed by LANT chair Duncan McConnel SC, declined to interview Ms Voumard for the position after determining she did not meet the selection criteria. In a letter sent to Ms Boothby last week and obtained by the ABC, Mr McConnel said he was "deeply disappointed" by her choice to override the panel's decision. "The position requires an experienced senior lawyer with extensive executive management experience," Mr McConnel wrote. "Your chosen appointee has none." In the letter, Mr McConnel said the committee had provided Ms Boothby a report outlining its reasons for recommending a different candidate. "Ms Voumard's appointment appears to have been based on reasons other than merit or otherwise marks a serious departure of judgement between the Attorney and the [Legal Aid] Commission," he wrote. The panel process is advisory, with directors appointed by the Attorney-General under the Legal Aid Act. In a statement, Ms Boothby told the ABC her decision to appoint Ms Voumard was for "a deliberate change in management approach". "Legal Aid NT has long called for reform and that requires not just funding but strong leadership and fresh thinking in how the organisation is managed," she said. "I am confident Ms Voumard will deliver the changes needed to keep Legal Aid NT sustainable and support its hardworking staff." Ms Voumard comes to the role with 13 years of experience in the legal profession, including several stints in the NT. She has previously worked for LANT and Aboriginal legal services in Darwin, Alice Springs and Port Augusta and as a summary trial prosecutor in remote and regional communities. She also served as an associate to NT Supreme Court Justice Peter Barr and worked for prominent criminal law firm Maleys Barristers & Solicitors, headed up by former Country Liberal Party MLA Peter Maley, who is also the brother of current cabinet minister Gerard Maley. In a statement, NT Bar Association (NTBA) president Mary Chalmers SC said the NTBA understood "a number" of board members had resigned "in response to a 'captain's pick' appointment of the new legal aid director". Ms Chalmers said appointments "made contrary to the advice of a panel" could "damage community and organisational confidence in the appointment process". "Legal Aid is a critical entity for the proper functioning of the justice system in the Northern Territory and the need for transparency in the appointment process is important," she said in a statement. Opposition Leader Selena Uibo labelled Ms Boothby's decision "a clear overstep" and called on her to explain the appointment. "When it comes to the legal profession in the NT, we want to see impartial and independent processes," Ms Uibo said on Tuesday. Ms Voumard has been contacted for comment.

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