The Northern Territory government's plan to reinstate mandatory sentencing for domestic violence offences is a "knee-jerk approach that will not work to keep women and families safe in the long term", the Justice Reform Initiative says.
While acknowledging urgent action is needed to address domestic and family violence in the NT, the Justice Reform Initiative warned that politicised law reform, particularly measures that increase incarceration without tackling the root causes of offending, risks doing more harm than good.
Justice Reform Initiative's Northern Territory coordinator, Kirsten Wilson, said the government's plan was unlikely to prevent domestic violence and signalled a worrying escalation of the government's 'tough on crime' approach.
"There is a clear need for urgent measures to keep women and families safe in the NT – both in the short and longer term," Ms Wilson said.
"But it is difficult to see how mandatory sentencing – which removes judicial discretion – will either improve women's safety or address the social drivers of domestic and family violence."
More than 88 per cent of all prisoners in the Northern Territory are Indigenous and more than one per cent of the NT population is incarcerated, with incarceration rates three times higher in the Territory compared to anywhere else in Australia.
It also has the highest recidivism rate in the nation, with six out of ten prisoners returning to jail within two years of release.
Ms Wilson said evidence suggests imprisonment increases the risk of reoffending and often entrenches underlying issues by worsening employment prospects, health outcomes, and cutting people off from their community.
"Mandatory sentencing prevents courts from considering these factors, often leading to unintended and damaging consequences," she said.
"We need a comprehensive and well-considered approach—one that prioritises crime prevention and genuinely keeps women and families safe.
"In the NT, where incarceration rates are at record highs and overcrowded prisons limit access to rehabilitation, mandatory sentencing is not the answer."
As the CLP Government introduces legislative changes as part of broader amendments to domestic and family violence and victims of crime legislation in Parliament, Justice Reform Initiative said the government needs to recognise the failure of imprisonment to address the drivers of offending.
They say evidence very clearly suggests mandatory sentencing does nothing to deter crime.
"Mandatory sentencing has been shown to increase women's incarceration rates alongside men's and disproportionately impact First Nations women," Justice Reform Initiative NT coordinator Rocket Bretherton said.
"The NT government must learn from past mistakes and ensure that any legislative changes to address domestic and family violence do not further harm vulnerable populations.
"The government must also understand that law reform is only ever a small part of shifting a structural and social problem and any changes to legislation must be balanced with greater and targeted investment in community programs and First Nations-led initiatives that work to address offending behaviours – and keep women and families safe – in the long term."
Last month the CLP government boosted funding to address rates of domestic, family and sexual violence in the Territory.
In announcing the $36 million per year package, NT Parliament Minister for Prevention of Domestic Violence, Robyn Cahill, said the funding will ensure quicker support for domestic, family and sexual violence (DFSV) victims.
"Those impacted be DFSV across the Territory will be better supported with ongoing funding for programs and services that will support the sector to intervene earlier and address root causes and respond to DFSV," the Minister said.
