NT intervention: What now?

Racial Discrimination Act set to be reinstated

The government said it would introduce legislation into the Parliament in October 2009 to remove the provisions in the current intervention Acts that exclude the operation of the Racial Discrimination Act.

On 21 May 2009 the Government released a discussion paper setting out proposals for the measures affected by the Racial Discrimination Act 1975 (RDA) as a starting point for discussion.

RELATED: Dept of Indigenous Affairs on RDA

People on income management will be able to appeal against administrative decisions, as a result of legislation now in Parliament.

Permit system

Last year, the Government also moved to reinstate the requirement for permits in prescribed areas that was removed previously by the NTER laws.

The Government’s legislation was defeated in the Senate. However, the permit system continues to operate over the majority of Aboriginal owned land in the NT.

RELATED: Dept. of Indigenous Affairs resources

Decision to abolish CDEP reversed

The Government also reversed the previous Government’s decision to abolish Community Development Employment Projects (CDEP) in 25 NT communities and five towns and reformed CDEP across Australia.

The new CDEP will start in most remote Northern Territory communities from 1 July 2009.

Changes to income management

Income management currently applies to people in the 73 prescribed areas and associated outstations in the Northern Territory who receive income support and family payments.

The Government is seeking community views on two options:

1. Individuals may apply for an exemption from income management based on an individual assessment, or

2. No changes to the current income management arrangements.

What is income management?

Income management aims to ensure that people receiving welfare payments use this money in a socially responsible way, for example providing for children and protecting vulnerable people.

People on income management in the Northern Territory have part of their welfare and family payments income managed so it can be spent on priorities, such as food, clothing and rent.

Funds that are income managed cannot be used to buy excluded goods such as alcohol, tobacco, pornography and gambling products.

Alcohol restrictions to continue

Under the intervention new laws were introduced to ban drinking, possessing, supplying or transporting liquor in a prescribed area, and to monitor take-away sales across the whole of the Northern Territory.

The Northern Territory Government has also introduced legislation to reduce access to alcohol, including extension of ‘dry’ areas, in some regional centres.

The Federal Government says alcohol restrictions need to be continued in their current form.

Restrictions on pornography to continue

The Little Children Are Sacred report found that pornography was a problem in many communities, increasing the risk of child abuse and problem sexual behaviour.

The possession and supply of certain material is prohibited in prescribed areas under the NTER laws

The Rudd Government says restrictions on prohibited material should continue.

However, the Government proposes to change the current restrictions so that they can continue on the basis of requests from a person resident in a prescribed area, or a person acting on a resident’s behalf.

Five-year leases

The Government currently holds five-year leases over 64 Northern Territory communities.

Under the NTER legislation the previous government acquired five-year leases over Aboriginal community townships in the Northern Territory, as well as the power to acquire additional leases.

This measure provided security of tenure and prompt access for the delivery of services, repair of buildings and upgrade of infrastructure in communities.

The Government proposes to make some changes to the legislation relating to five year leases to help clarify the purpose and operation of the leases such as making the objectives of the five-year leases clearer, requiring the leases to be administered in a way that respects Aboriginal culture; and outlining the Australian Government’s commitment to move to voluntary leases.

Canberra has also asked the Northern Territory Valuer-General to determine reasonable amounts of rent to be paid to the Aboriginal owners of five-year leased land.

Law enforcement measures

 The Government has announced that it will continue funding for the Australian Crime Commission (ACC) for its activities under the intervention until June 2010.

The ACC has unique, special power which include strong secrecy provisions that provide witnesses with confidentiality and protection against incrimination.

These powers can be used only with the approval of the ACC Board. Under the NTER, the ACC’s special powers have been approved for use by the National Indigenous Violence and Child Abuse Intelligence Taskforce (NIITF).