The Northern Territory government has announced a trial legalizing oleoresin capsicum (OC) spray, commonly known as pepper spray, for self-defence starting this September.
This move has reignited national discussions about legalizing pepper spray across Australia, led by activists like Jayde Howard, who has campaigned since the Bondi Junction stabbing attack.
Howard, a mother and activist from Victoria, highlighted that the legalization is not only important for protecting women but also benefits a broad spectrum of vulnerable groups including disabled people and members of the LGBT community who have been victims of assault. She described the trial as “amazing” and expects it to provide critical insights into how carrying the spray might improve community safety.
The NT trial will allow residents over 18 years old with no criminal record to purchase OC spray, but only from licensed firearm dealers. Chief Minister Lia Finocchiaro said the trial will follow a model similar to Western Australia, where OC spray is already legal for self-defence.
Under Australian law, individuals have the right to use “reasonable force” to defend themselves, but the definition of reasonable force varies case by case and is ultimately determined by the courts. Criminal defence attorney Jahan Kalantar explained that while the law permits self-defence, it must be proportional and reasonable. He cautioned that pepper spray remains illegal in most states because of concerns about misuse and the challenge of balancing protection with preventing people from taking the law into their own hands.
Currently, OC spray is legal only in Western Australia and soon in the Northern Territory. Other self-defence options include physical actions such as pushing or hitting an attacker, personal alarms, and legal self-defence keychains with non-weapon tools like flashlights and whistles. Apps that send emergency alerts to contacts are also legal and encouraged for personal safety.
