North Australian Aboriginal Family Legal Services (NAAFLS)
Public Statement
Response to Police Administration Legislation Amendment Bill 2025
NT Parliament will soon debate and vote on the Police Administration Legislation Amendment Bill 2025, which provides police with new powers to make arrests and administer drug and alcohol tests. This amendment likely stems from the High Court’s 2020 decision in Roy v O’Neill, which found that police do not have an implied common law licence to approach a home and exercise coercive powers (such as requesting a breath test under a Domestic Violence Order (DVO)) without statutory authority.
Section 126B currently grants police the authority to enter and remain on premises if they have reasonable grounds to believe that a DVO has been or is about to be breached. The purpose of this provision is to allow police to enter in order to protect individuals at risk, however the unintended consequence of this approach places Aboriginal victim-survivors at greater risk merely due to police presence itself. The proposed Section 126E would extend police powers, allowing them to enter a location if they suspect that a person subject to a DVO is present.
Under subsection (2), police cannot enter a dwelling (e.g. a house) without the occupier’s consent, therefore in practice, this provision appears to permit police to enter areas such as a front yard or garden, approach the door, and knock to query whether the DVO recipient is inside. Once at the location, police may remain there to exercise their powers under the Domestic and Family Violence Act Regulations, such as conducting breath or urine tests.
We know that these types of powers disproportionately impact Aboriginal people in the NT and could be used as a tool for harassment and over-policing. Ultimately, these powers are making legal what would otherwise be a trespass. There are no safeguards in the legislation to prevent misuse, such as excessive or targeted checks. It is also likely these powers will be used for broad DVO compliance checks, further criminalising individuals.
NAAFLS supports discourse and action regarding domestic and family violence in the NT; however, addressing domestic and family violence is a complex issue and should not come at the cost of people’s rights. Increasing police powers are not in line with recommendations handed down by the coroner, following the coronial inquest into the deaths of four Aboriginal women who passed away because of domestic violence, and at a minimum, police intervention should be considered in the context of a co-responder model.
Any legislative changes must involve genuine consultation with Aboriginal communities and organisations to ensure cultural safety and implement meaningful oversight mechanisms, to ensure the NT Government is meeting its commitments under the National Agreement on Closing the Gap.
ENDS
Please attribute this statement to our Chief Executive Officer, Ms Cindy Torrens.
Contact:
Megan Ellis, Executive Policy Officer, E: [email protected] M: 0417 616 647
