The Northern Territory is set to trial the legal use of oleoresin capsicum (OC) spray—commonly known as pepper spray—for self-defence from September. This development has reignited national discussions on potentially legalising the spray across Australia, led by advocates like Jayde Howard. Howard, motivated by the need for self-defence tools following the Bondi Junction stabbing incident, argues that the right to carry OC spray transcends gender, highlighting its importance for varied groups, including individuals with disabilities and members of the LGBTQ+ community.
Howard commends the trial as an opportunity to gather crucial data on the impact of carrying OC spray on community safety. Under the trial, participants will need to be over 18 and possess no criminal history to purchase and carry the spray, which will only be available through licensed firearm dealers. Chief Minister Lia Finocchiaro expressed intentions to model this trial on Western Australia’s approach, where OC spray is permitted for self-defence.
In Australia, the current law allows for “reasonable force” in self-defence, although the interpretation of what constitutes reasonable can vary significantly and is ultimately determined by the courts. There is a recognised complexity surrounding the legal definition of self-defence, particularly regarding the use of items not classified as weapons.
While OC spray will soon be legal in the Northern Territory and Western Australia, it remains banned in all other states without an appropriate permit. This reinforces the view that most weapons—such as Tasers and firearms—are prohibited without legal justification. Misuse of self-defence can lead to legal problems; thus, individuals must be cautious about the extent of force used.
Alternate self-defence tools, such as pocket alarms, personal alarms, and filming devices, are viewed as effective and legal means of deterring potential attackers without constituting a weapon. Carrying self-defence key chains with items like flashlights or whistles is permissible as long as they do not include any weapons. Additionally, various wellbeing apps allow individuals to send their location or contact emergency services directly, providing an additional layer of security.
As the September trial approaches, the conversation surrounding self-defence measures continues to evolve, shaping the legal landscape for personal safety in Australia.