NORTHERN TERRITORY

CRIMINAL CODE

Harm

186. Harm

Any person who unlawfully causes harm to another is guilty of a crime and is liable to imprisonment for 5 years or, upon being found guilty summarily, to imprisonment for 2 years.

Definitions

186A. Definitions

In this Division:

authorised professional means:

(a) a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of:

(i) Aboriginal health work; or

(ii) midwifery; or

(iii) nursing; or

(b) in relation to an operation performed in a place outside the Territory - a person who is entitled to practise nursing or midwifery under a law of that place.

female genital mutilation means the excision, infibulation or any other mutilation of the whole or any part of the labia majora or labia minora or clitoris.

gender reassignment procedure means a surgical procedure to give a female, or a person whose sex is ambivalent, the genital appearance of a particular sex (whether male or female).

medical practitioner , in relation to an operation performed in a place outside the Territory, includes a person who is entitled to practise medicine under a law of that place.

Female genital mutilation

186B. Female genital mutilation

(1) A person who performs female genital mutilation on another person is guilty of a crime and is liable to imprisonment for 14 years.

(2) An offence is committed against this section even if one or more of the acts constituting the offence occurred outside the Territory if the person mutilated by or because of the acts is ordinarily resident in the Territory.

(3) It is not an offence against this section to perform a surgical operation if the operation:

(a) has a genuine therapeutic purpose and is performed by a medical practitioner or authorised professional; or

(b) is a gender reassignment procedure and is performed by a medical practitioner.

(4) A surgical operation does not have a genuine therapeutic purpose by virtue of the fact that it is performed as, or as part of, a cultural, religious or other social custom.

Removal of child from Territory for female genital mutilation

186C. Removal of child from Territory for female genital mutilation

(1) A person who takes a child from the Territory, or arranges for a child to be taken from the Territory, with the intention of having female genital mutilation performed on the child is guilty of a crime and liable to imprisonment for 14 years.

(2) In proceedings for an offence against subsection (1), if it is proved that:

(a) the accused took a child, or arranged for a child to be taken, from the Territory; and

(b) female genital mutilation was performed on the child while outside the Territory,

it shall be presumed, until the contrary is proved, that the accused took the child, or arranged for the child to be taken, from the Territory with the intention of having female genital mutilation performed on the child.

Consent not relevant

186D. Consent not relevant

It is not a defence to a charge of a crime defined by this Division that the person mutilated by or because of the acts alleged to have been committed:

(a) consented to the acts; and/or

(b) consented to being taken from the Territory,

or that a parent or guardian of the person so consented.