Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (DOMESTIC AND FAMILY VIOLENCE) ACT 2023 (NO 33 OF 2023) - SECT 4

    Preamble

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PREAMBLE:

The Legislative Assembly enacts this Act because it recognises that:

    (a)     domestic violence is unacceptable behaviour that society does not condone; and

    (b)     domestic violence is a fundamental violation of human rights; and

    (c)     domestic violence is unacceptable in any form and in any community or culture; and

    (d)     non-violence is a fundamental social value that must be promoted; and

    (e)     traditional or cultural practices cannot be relied upon to minimise or excuse domestic violence; and

    (f)     in responding to domestic violence and promoting the safety of persons who have experienced domestic violence, the justice system should:

        (i)     treat the views of victims of domestic violence with respect and dignity; and

        (ii)     seek to reduce the degree to which victims might be subject to re-traumatisation during court proceedings; and

        (iii)     seek to reduce disruption to the lives of victims as far as possible; and

    (g)     domestic violence has the following features:

        (i)     while anyone can be a victim or perpetrator of domestic violence, domestic violence is predominantly committed by men against women, children and other vulnerable persons;

        (ii)     children who experience the effects of domestic violence are particularly vulnerable, which may have a serious impact on a child's current and future physical, psychological and emotional wellbeing;

        (iii)     domestic violence affects the entire community and occurs in all areas of society, regardless of location, socio-economic or health status, age, culture, gender identity, sexual identity, ability or disability, ethnicity or religion;

        (iv)     domestic violence extends beyond physical and sexual violence and involves emotional or psychological abuse, economic abuse and coercive control; and

    (h)     coercive control is almost always an underpinning dynamic of domestic violence and involves violent, threatening or intimidating behaviour that has the effect of isolating, controlling, monitoring, frightening, humiliating, degrading, punishing, or restricting the freedom of a person; and

        (i)     complex emotional factors arising from coercive control often make it difficult for victims of domestic violence to report the domestic violence or leave a domestic relationship in which domestic violence is being committed; and

    (j)     domestic violence may involve overt or subtle exploitation of power imbalances and may consist of isolated or patterns of abuse over a period of time; and

    (k)     in circumstances in which there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing domestic violence, including for their own protection, the person who is most in need of protection should be identified; and

    (l)     perpetrators of domestic violence might seek to misuse the protections available under this Act (or through other legal processes) to further their domestic violence and that misuse should be prevented; and

    (m)     domestic violence has:

        (i)     negative and long-lasting consequences for victims and others who experience it; and

        (ii)     negative consequences for the community, workplaces and the economy.