3. Community safety and alcohol management
   1. This Chapter deals with the issues of community safety and alcohol management in the Northern Territory (NT) as provided by paragraph (b) of the Terms of Reference for this inquiry.

Introduction

3.2The issues of alcohol management and community safety are closely linked. At the individual level, alcohol-related harm, as it is referred to,[1] may include anything from impairment of physical and mental functioning in the short term through to premature death in the long term.[2] At the community level, alcohol-related harm can range from disruption to a family’s mental, physical, or financial wellbeing through to interpersonal violence or crime, leading to incarceration and intergenerational ramifications.[3]

3.3Historically, alcohol-related harm is worse among the NT population than in any other Australian jurisdiction. As noted during the inquiry, problem drinking in the Northern Territory is “across all cohorts of our popular population; it is not just an Indigenous problem”.[4]

3.4The National Alcohol Strategy 2019–2028 identifies both Aboriginal and Torres Strait Islander peoples and people living in remote areas as being at a disproportionate risk of experiencing alcohol-related harm as compared with the general population.[5]

3.5As alcohol misuse has been increasingly recognised and treated as a physical and mental health issue, alcohol-related harm has increasingly been dealt with through alens of harm minimisation[6] The Commonwealth Government’s National Alcohol Strategy 2019–2028 identifies demand and supply as areas which are vital to reducing alcohol-related harm.[7]

3.6The Commonwealth Government’s interventions in the NT through the Northern Territory National Emergency Response Act 2007 (Cth) (NTNER Act) and Stronger Futures in the Northern Territory Act 2012 (Stronger Futures Act) relied almost entirely on reducing supply, through imposing bans on the purchase of alcohol in certain communities.[8] There has been little investment in harm reduction or demand:

…the harm reduction and demand reduction measures are really where we need to build on what we have done to date. That is simple stuff like housing. That is getting people in work or engaging in normal activities in the community. Bridget referred earlier to CDP. That is a really big and important part of it. Once we get the social determinants right, and that is long-term work, you will see a consistent reduction in alcohol-related harm in our remote communities.[9]

3.7A similar view was also put forward by the Alice Springs Hospital:

I'd like to say that alcohol and alcohol related violence is not a health related issue. This is so much bigger. We really need to go back to looking at the social determinants of health. We really need to start looking at housing, meaningful employment, education, hope and despair. That's what this is all about. It's not about alcohol, because the more you focus down on the narrow thing of alcohol the more I think you miss a real opportunity.[10]

Alcohol management

NT alcohol regulation prior to imposition of NTNER Act

3.8To understand what regulatory changes were made by the NTNER Act and StrongerFutures Act it is helpful to understand what liquor regulations the NT had prior to the Commonwealth’s regulatory interventions.

3.9Prior to the passage of the NTNER Act alcohol in the NT was regulated under the Liquor Act 1978 (NT). The Liquor Act 1978 (NT) appears to have been broadly consistent with liquor licensing schemes in other Australian jurisdictions, with the NT Licencing Commission (the Commission) holding regulatory decision-making powers.[11] The most notable aspects of the legislation are those pertaining to supply reduction contained in the Liquor Act 1978 (NT), Part VIII (Restricted areas) and PartVIIIA (Restricted premises).

3.10Part VIII of the Liquor Act 1978 (NT) provided for the creation of general restricted areas (GRAs) and public restricted areas (PRAs) to restrict access to, and the consumption of, alcohol in a declared geographical area. Within a GRA, prohibitions and penalties could be applied to the delivery, possession, consumption, and sale of alcohol within the area.[12] Exemptions could be granted by the Commission to permit holders, with or without conditions.[13]

3.11The process for the declaration of a GRA was set out in Division1A of PartVIII, commencing with an application made by any person.[14] The NT Licensing Commission could then consider the opinions of the general public and local residents before declaring a GRA and regulating specific types of liquor.[15] While the legislation did not apply only to Aboriginal communities, this was the case in practice.[16]

3.12PRAs were broadly similar to GRAs but applied to public land and could only be applied for by the Commissioner of Police, the Director of the Commission, or a local government.[17] Part VIII created search and seizure provisions for inspectors to enforce general and public restricted area provisions.

3.13Part VIIIA provided for the declaration of restricted premises. These declarations applied to individual private premises including residential, commercial, and community premises.[18] The occupant could apply to the Commission to make a declaration in relation to their premises; or, where premises were open to the public, an occupying business owner, community organisation, or senior police officer could apply for a declaration.[19] Police had entry, search, and seizure powers to enforce a declaration.[20]

3.14While these regulatory measures were in force, there were limited support or harm reductions measures in place, and by the time of the Commonwealth’s intervention alcohol-related harm was rampant throughout the Northern Territory.[21]

NT alcohol regulation during imposition of NTNER Act

3.15The object of the NTNER Act was to ‘improve the wellbeing of certain communities in the NT’.[22] The legislation imposed substantial changes to liquor regulation within the Northern Territory.

3.16The Commonwealth’s modifications to territory laws were made possible through its constitutional power over territories.[23]

3.17The Commonwealth introduced restrictions for ‘prescribed areas’ on Aboriginal lands,[24] and regulated take away liquor sales.

3.18Prescribed areas defined in the NTNER Act, included all lands under the AboriginalLand Rights (Northern Territory) Act 1976 (NT), roads and waterways inthose areas, and any other area declared to be a prescribed area by the Commonwealth Minister.[25] The restrictions relating to those areas are provided under Part2 Division2 of the NTNER Act.

3.19The NTNER Act, section 12, modified the Liquor Act 1978 (NT) to treat prescribed areas as though they had been declared by the Commission to be a GRA and introduced new offences with higher penalties.

3.20The offences and penalties created by the Commonwealth in relation to alcohol in prescribed areas were as follows:

• Personal transport, possession, and consumption

• Maximum penalty for first offence—10 penalty units
• Maximum penalty for subsequent offence—20 penalty units[26]

• Third party supply

• Maximum penalty for first offence—10 penalty units
• Maximum penalty for subsequent offence—20 penalty units[27]

• Third party supply of large quantities of alcohol
  • Maximum penalty—680 penalty units or 18 months imprisonment[28]
  21. Under the Penalty Units Act 2002 (NT) a penalty unit was equal to $110 when the NTNER Act took effect in 2007.[29] Infringement notices were allowed in relation to the lower-level offences, meaning a lesser fine would apply and that offences would not require court attendance unless contested.[30]
  22. The Intervention did not provide for treatment or counselling to help problem drinkers or victims of alcohol-related harm.
  23. The NTNER Act also allowed the Commonwealth Minister to override the Commission by changing the conditionsof,or cancelling, a liquor licence or permit issued under the LiquorAct1978 (NT) applying to a prescribed area.[31]
  24. The NTNER Act Part 2 Division 3A placed restrictions and administrative obligations on licences for the sale of liquor by total volume, where division 3 had planned for restrictions on the volume of pure alcohol. Division3A was repealed in 2010 as part of a series of refinements to the NTNER Actintended to improve compliance with racial discrimination legislation while still reducing alcohol-related harm in Indigenous communities in theNT.[32]

NT alcohol regulation during imposition Stronger Futures Act

3.25The Stronger Futures Act, designed to sunset in ten years, replaced the alcohol laws imposed on the Northern Territory through the NTNER Act. While the Stronger Futures Act was substantially similar, its provisions had placed a stronger focus on the minimisation of alcohol-related harm and did not affect the operation of the Racial Discrimination Act 1975 (Cth).[33]

3.26The alcohol-related measures under the Stronger Futures Act enabled special measures to be taken to reduce alcohol-related harm to Aboriginal people in the Northern Territory.[34] The Act introduced alcohol protected areas (APAs) and alcohol management plans.

3.27While there were differences at a technical and administrative level between prescribed areas and APAs, the Stronger Futures Act effectively replicated the NTNER Act alcohol prohibitions and offences under a new name.

3.28An AMP would allow a community to put a plan to the Commonwealth Minister on how it would self-manage alcohol.[35] If approved, the area to which the AMP applied to would become a community managed alcohol area.[36]

3.29Several communities developed such plans, but only one was approved was over the ten-year life of the legislation. This contributed further to disempowerment:

…the work would be done with communities, there would be a lot of engagement and a lot of work with communities to plan out what they wanted, and then they just didn’t get endorsed by the Commonwealth minister of the day, so there was a lot of disillusionment from communities that had gone through that work. You’ll still hear communities talk about their alcohol management plan and the work they did on that…[37]

3.30During the Stronger Futures Act period the NT Government ordered a review, the Riley Review, into its alcohol policies which resulted in a number of substantial changes to the regulation of liquor.[38]

3.31The review recommended that the Liquor Act 1978 (NT) be repealed and replaced by a new Act which would centre on principles of harm minimisation.[39] On 13 August 2019 the NT’s Legislative Assembly passed the Liquor Act 2019 (NT).[40] The new Liquor Act 2019 (NT) still provides for GRAs to continue.[41] It also carries over a minimum unit price on alcohol.[42]

Issues of alcohol related harm immediately after sunsetting of Stronger Futures Act

3.32The Committee received evidence about whether the NT’s policies prior to and immediately after the sunset of the Stronger Futures Act were sufficient to reduce alcohol-related harm. In late 2022, the Committee heard that, since the sunsetting of the Stronger Futures Act, incidences of problem drinking may have been on the rise, particularly in the central desert region.

3.33In its submission to the inquiry in October 2022 the Central Desert Regional Council (CDRC) said that:

There has been an anecdotal increase in alcohol related violence in a number of our communities following the cessation of the Stronger Futures Act, 2012. This alcohol related violence extends to domestic violence, damage to property, vandalism and injury.[43]

3.34Similarly, the People’s Alcohol Action Coalition (PAAC) submitted that:

What has been inflicted overnight upon the community … in the absence either of clear communication with Aboriginal health, legal and other agencies, or advance comprehensive discussion with community members, is an entirely predictable increase in alcohol-related violence, including domestic violence, particularly in the Alice Springs region, where all but one of the town camps (restricted through its residents’ initiative many years ago) are now unrestricted, along with the nearby Amoonguna community and many outstations and homelands in close proximity to General Restricted Areas.[44]

3.35The PAAC is referring in part to the implementation by the NT Government of an extension to alcohol prohibitions to allow communities under Commonwealth APA to opt-in as an Interim Alcohol Protected Area for up to two years effectively extending the restrictions.[45]

3.36As outlined in the previous Chapter, consultations with affected communities were inadequate, especially because of short timeframes. Decisions to opt-in were not well-informed by affected communities. On this, the Northern Land Council stated:

We strongly support the call for communities to inform arrangements on alcohol control. We recognise that discussion with communities are complex and can take considerable time. Removing restrictions without appropriate consultation is as bad as imposing restrictions without any consultation.[46]

3.37Confusion about the different types of restrictions across Commonwealth and Territory legislation likely impacted initial transitionary arrangements. The NTGovernment submitted that:

When the Stronger Futures legislation ceased, communities that had a GRA in place prior to the Commonwealth Government’s statutory interference continued to have alcohol restrictions (noting that these were not all uniform). Communities that did not have a previous GRA ceased to have alcohol restrictions unless they opted in to maintain restrictions through an interim alcohol protected area under the Liquor Act.

There are no GRAs over any of the 17 town camps in Alice Springs, which increases the potential that these communities could be at greater risk of increased alcohol related harm from the lifting of the Commonwealth Government’s APAs. This is primarily due to the fact that takeaway alcohol can now legally be purchased by residents for consumption in residences situated in town camps, and takeaway alcohol is acknowledged as a riskier category of alcohol consumption compared to supervised consumption on premises.[47]

3.38Despite the NT Government’s acknowledgement of the risks in and around AliceSprings, it told the Committee in November of 2022 that:

…weekly briefings are not showing a substantial sustained increase in alcohol related harm post cessation of Stronger Futures legislation. The briefings are showing fluctuations or spikes that can be attributed to specific activities such as significant sporting events leading to increase in visitors to Alice Springs. However, we are now able to analyse three-month periods of data, which will allow identification of trends.

It should be noted that Alice Springs was experiencing an unacceptably high level of domestic violence and assaults in the two years prior to the alcohol restrictions lifting. The causes and contributing factors to domestic violence are complex, stemming from historical and entrenched disadvantage.[48]

3.39In citing two previous reviews of the Stronger Futures Act, the NTGovernment concluded that:

To date, no data, reviews or evaluations have been identified that indicate that the Commonwealth Government’s prohibition on alcohol in Northern Territory Aboriginal communities … has had any impact on reducing alcohol related harm.[49]

3.40However, after the sunsetting of the Stronger Futures Act many community organisations concluded differently. The Central Australian Aboriginal Congress (CAAC), in December 2022, pointed to increases of domestic violence and assaults involving alcohol immediately after the sunsetting of the Stronger Futures Act.[50]

3.41At its hearing in Alice Springs on 9December 2022, Ms Donna Ah Chee, CAAC CEO, submitted:

Across the Northern Territory there was an immediate and significant increase in the number of alcohol related assaults and the number of domestic violence assaults where alcohol was involved. The proportion of assaults where alcohol was involved also increased. The Northern Territory government made it clear that they will not return to a race based policy, where access to alcohol is different depending on whether you live on Aboriginal land or not. Congress has fought racial discrimination since we began in 1973, but Aboriginal women and families also have the right to conduct their lives free of alcohol fuelled violence. This is a fundamental right, which helps to ensure that the next generation of children can develop free from the family violence that we know is so harmful to healthy brain development.[51]

3.42Drug and Alcohol Services Australia (DASA) gave evidence in relation to sobering up facilities.[52] At its hearing on 9 December 2022 the Committee heard from Ms Eloise Page, DASA CEO, who stated that:

I've got some data here on referrals. We've used the stronger futures period, so from when the legislation ceased, and we've done the last three years. With police bringing women in, for instance, from 17 July to 7 December 2020, there were 86 women. Last year, which was our biggest COVID impacting year, there were only 73. This year in that period, there were 157.[53]

3.43It is clear that in the immediate aftermath of the sunsetting there was a disparity between the Territory Government and many community organisations’ interpretations of increases in alcohol related harm attributable to the sunsetting of the Stronger Futures Act. It would appear this was partly due to a lack of available data. Complex analysis would likely be required to define the impacts of each change to liquor policies.[54]

3.44The NT Government said that since its adoption of an opt-in policy, it has invested in harm reduction measures including treatment services, sobering-up shelters and locally based and community-led programs.[55]

3.45The Commonwealth Government is also funding $22 million over two years through the National Partnership on Northern Territory Remote Aboriginal Investment for alcohol-related harm minimisation measures.[56]

3.46Further, it announced $19 million in funding for First Nations health infrastructure projects in Central Australia (to be delivered in partnership with the Central Australian Aboriginal Congress), as well as $200 million of additional funding for the Northern Territory Strategic Roads Package, and $100 million for housing and essential services in Northern Territory Homelands.[57]

Issues of alcohol related harm observed in early 2023

3.47In the early months of 2023, there has been an increased national awareness of alcohol related harm and antisocial behaviour in the NT. Issues of anti-social behaviour are addressed under the second part of this Chapter ‘community safety’. Media attention on alcohol related harm in the NT has centred on worsening social conditions in and around Alice Springs. Reports of alcohol‑fuelled crime in Central Australia, including violent offences and property offences, have been published throughout January and February of 2023.[58]

3.48Anecdotal reporting of an increase in alcohol related harm was confirmed by NTGovernment statistics for November 2022 which demonstrate a clear and sustained increase in alcohol-related assaults, domestic violence, and property offences in and around Alice Springs, compared with the same period in 2019.[59]

3.49Increasingly, blame for the upward trend in alcohol related harm and offending was placed on the sunsetting of Stronger Futures Act and the lack of a Commonwealth or Territory scheme to replace its APA provisions.[60] However, as previously discussed, the NT Government had through its creation of interim alcohol protected areas developed an opt-in alcohol restriction mechanism for use by communities to which Commonwealth APAs had applied.[61]

3.50Mr Philip Timney, Director of Liquor Licensing for the NT Government, gave evidence that:

To date, 13 communities have applied to opt in to become interim alcohol protection areas. The process for that is that they are restricted from the day that the opt in is approved, and the opt in is approved by me. It's a very straightforward process. It's a simple application where we just need to be satisfied that the person making the application has authority to speak on behalf of that community, so we deal with the lawful landowner of that community. The application is lodged with my staff. They check that off and present it to me as an application for that community to opt in. Generally speaking, to date, those applications have been approved the same day that they were received by me. … They're then published in the Northern Territory Government Gazette with a surveyor-general-authorised description of the property—the land that's involved in the interim alcohol protection area.

…

The process from here on for those areas is that now community consultation takes place and the community can decide whether they want to opt in to our longstanding general restricted area regime. Approval for a general restricted area is a matter for the Liquor Commission.[62]

3.51On 24 January 2023, the Prime Minister travelled to Alice Springs with senior government members to meet with community representatives, NT Government ministers and officials. The NT Government announced it would immediately introduce temporary trade restrictions on alcohol sales as a circuit-breaker measure. The Commonwealth Government announced a $48 million funding investment in community safety, which included:

• $14.2m in additional funding for extra high visibility police and law enforcement operations including targeting grog running, and increasing liquor licensing
• $2m to improve CCTV, lighting and safety measures throughout Alice Springs
• $5.6m for additional emergency accommodation and safe spaces for young people and to boost effectiveness of night patrol program
• $2m for the Tangentyere Women’s Family Safety Group
• $25m to extent funding for safety and community services, which are currently scheduled to end in June 2023.[63]
  52. The Chief Minister of the NT, Hon Natasha FylesMLA and the Prime Minister also announced the appointment of a Central Australian Regional Controller (CARC).[64] The Controller, Ms Dorrelle Anderson, was tasked with consulting with communities on the potential reintroduction of alcohol restrictions and consideration of an opt-out model for APAs, and a report to the Prime Minister and Chief Minister by 1February2023.[65]
  53. The trade restrictions announced by the Chief Minister of the NT were in addition to restrictions made earlier in the week:

You saw action from the police over the weekend, and we have already reduced trading in Central Australia on a Sunday. We will now have takeaway alcohol-free days on Monday and Tuesday. We will also have alcohol reduced hours on the remaining days from 3:00 to 7:00 PM only for takeaway alcohol. We will also introduce one transaction per person each day, and we are able to do this immediately through the banned drinker register.[66]

3.54The CARC’s report entitled Proposed Actions for Alcohol Related harm in Central Australian Communities was provided to the Commonwealth and Territory Governments on 1 February 2023, and was publicly released on 6 February 2023.[67] Itrecommended that two immediate actions:

1The NT Government make urgent amendments to the Liquor Act 2019 that will see town camps and nearby remote communities return to alcohol free areas, with a clear path forward if the community wishes to introduce responsible drinking options, upon the development of a Community Alcohol Management Plan.

2The NT and Commonwealth Governments continue to work together to deliver needs based funding to the relevant service providers in the Northern Territory as a matter of priority, so that the cycle of intergenerational trauma and disadvantage can truly begin to be broken.[68]

3.55The NT Government responded to the CARC’s recommendations by committing to pass urgent legislation to ‘strengthen alcohol restrictions so that town camps and communities will revert to dry zones’.[69] The new model would be opt-out and would require 60 per cent of a given community to agree on an alcohol management plan in order for restrictions to be lifted.[70]

3.56On 14 February 2023 the Chief Minister for the NT, in her capacity as Minister for Alcohol Policy, presented the Liquor Amendment Bill 2023 to the Legislative Assembly for the Northern Territory[71] The bill would apply an Interim Alcohol Protected Area (IAPA) over all areas covered by a Commonwealth APA prior to the sunset of the Stronger Futures Act.[72]

3.57On 14 February 2023 the bill was passed by the Parliament and became a proposed law of the NT.[73] The Act received assent on 15 February 2023 and its amendments tothe Liquor Act 2019 (NT) commenced operation the very next day on 16February2023.[74] The amendments creating IAPAs will sunset in just under four years on 28February 2027 unless the date is varied in either direction by regulation.[75]

3.58The Commonwealth Government has responded to the CARC’s report by noting that the NT Government would make the necessary legislative amendments to introduce opt-out restrictions and announced a $250 million investment in a plan for a Better, Safer Future for Central Australia.[76] This plan, in addition to previous funding commitments, is intended to address service, community and infrastructure needs in Central Australia by focusing on:

• Improved community safety and cohesion – through more youth engagement and diversion programs.
• Job creation – particularly in the communities that surround Alice Springs – including urgent changes as part of replacing the failed Community Development Program (CDP).
• Better services – by improving health services in surrounding communities, there will be less pressure on Alice Springs.
• Preventing and addressing the issues caused by Foetal Alcohol Spectrum Disorders – including better responding through the health and justice systems.
• Investing in families – including by better supporting elders and parents, boosting domestic violence services.
• On country learning – improving school attendance and completion through caring for culture and country.[77]
  59. That funding is in addition to the $48 million announced on 24 January, as well as significant investment for Central Australia and the Northern Territory in the October 2022/2023 Budget.[78]
  60. The plan meets concerns raised by community groups throughout the inquiry.

Committee comment

3.61The Committee received an expanse of evidence about the effectiveness of the Stronger Futures Act in reducing alcohol-related harm. During its life and since sunsetting, the Act did not meet objective ‘to support Aboriginal people in the Northern Territory to live strong, independent lives, where communities, families and children are safe and healthy’ , particularly in respect to alcohol management.

3.62The Stronger Futures Act focused only on reducing supply and did not sufficiently support people at risk of alcohol abuse or of experiencing or causing harm.

3.63The NT Government’s decision to adopt an opt-in approach for maintaining alcohol restrictions was ineffective at minimising harm from the relaxing of alcohol restrictions. While the government intended to address the racist legacy of the Intervention, it is the Committee’s view that this decision was made without meaningfully consulting widely across affected communities.

3.64The Committee observed there was a lack of data monitoring and accountability under the Stronger Futures Act. The issues of data availability were reiterated throughout the inquiry by both community organisations and government. Where data did exist, there were inconsistencies, and there was a failure to share information with community organisations and between government parties.

3.65Consistent with the advice of multiple witnesses throughout the inquiry, the Committee is of the view that decisions about future alcohol management in the NT must be done in genuine consultation and partnership with Aboriginal communities.

3.66It is clear to the Committee that the NT Government has sufficient legislative means to manage alcohol-related harm within its jurisdiction where there is the will to do so. This has been demonstrated by its recent legislative amendments to the Liquor Act 2019 (NT). It is the view of the Committee that this is the appropriate role of the NT Government (informed by the views of community), rather than the Commonwealth.

3.67The Committee recommends that the Northern Territory Government provides adequate support and resources to communities to assist in the development of community alcohol plans under section 170AD of the Liquor Act 2019 (NT).

3.68The Committee recommends that the Northern Territory Government amends the Liquor Regulation 2019 (NT) to include, as a prescribed matter for paragraph 170AD(1)(d) of the Liquor Act 2019 (NT), a statement to formalise how the community will be able to ask the Minister to exercise their temporary emergency powers to deliver effective responses, and to accurately report outcomes as a consequence of those changes.

Community safety

Alcohol related anti-social behaviour

3.69The Committee has received evidence that anti-social behaviour has been prevalent and on the rise throughout the NT. Throughout the Inquiry, there was discussion about anti-social behaviour both during and after the sunsetting of the Stronger Futures Act. When witnesses discussed these behaviours, they were almost always directly linked to the poor social and economic factors people were facing.

3.70The Local Government Association of the Northern Territory (LGANT) put to the Committee that:

Antisocial behaviour and crime is one of the most critical issues local government councils are facing in the Territory right now, and there's often a direct correlation between it and alcohol. …

…

Antisocial behaviour is one of the key issues facing us. It's not going away in a hurry. The causal factors are often complex and require a policy shift and both short and long-term actions and policy changes that extend through election cycles. The issue cannot be looked at in isolation. It is interlinked with housing, economic development and liveability, amongst other things—think Maslow's hierarchy of needs.[79]

3.71The Darwin City Council Lord Mayor, Mr Kon Vatakalis, further highlighted the difficulty of compounding effect of inequities and misunderstandings at play with issues of anti-social behaviour, stating:

People come here with very young children, sleeping rough and consuming alcohol, which results in domestic violence and abuse. We try our best, but we can't win. We're completely overwhelmed in some areas with what we see and what people call antisocial behaviour.

Mind you, some people think if somebody's sitting under a tree and having a good time that that's antisocial behaviour, especially if they are of a different colour. But the real antisocial behaviour happens both among visitors from other communities and in our own community, the mainstream community.

…

It's not all antisocial behaviour; it's a lack of jobs, lack of accommodation and a demand for housing in the communities, which makes people actually move out of the communities—that is, urban drift.[80]

3.72A number of community service organisations in the NT run patrol services around communities to provide support to people who may be engaging in anti-social behaviour. Mr David Kurnoth, Acting CEO of Larrakia National Aboriginal Corporation, said the following about its service in the Darwin and Palmerston area:

We have a functioning service for the majority of the day; we don't operate the full 24 hours of the day. However, like every other organisation we are restricted by how many people we employ. We can, during the week, have anything up to two to five units that can be spread across many services. So it could be units that deal with antisocial behaviour. It could also be dealing with family and youth transport. We are limited to what we service and what our service providers have given us within our contracts.[81]

3.73On why their patrol service operates and its limitations Mr James Parfitt, Member Director of Larrakia Nation Aboriginal Corporation, raised that:

The whole purpose of this was for us to be the first on the ground to stop the interaction with the justice system, which we can do better by just calming them down and being Aboriginal people. But we can only spread ourselves so far, and we can only link into so many support services.[82]

3.74However, it is not just in Darwin that concerns have been raised over anti-social behaviour. As previously mentioned in this Chapter, Central Australia has seen a marked increase in reported incidences of alcohol related anti-social behaviour and of criminal activity.

3.75Mr Danial Rochford, CEO of Tourism Central Australia, described the impact antisocial behaviour and criminal activity was having on tourism and communities in the region, stating:

Each and every day our region is having to deal with the impact that antisocial behaviour and crime is having on tourism and the very fabric of our communities. While this is not a new phenomenon, it's clearly been exasperated by the sunsetting of the stronger futures legislation. We saw, almost immediately, much higher and very visible evidence of public drunkenness and law and order issues, for all the world to see, in our streets. We have tourists' cars stolen, tourists assaulted or robbed, vandalism and even tourists being spat upon. These are just normal people going about their holiday—not from the Northern Territory but coming to the Northern Territory to enjoy their holiday and their time off.[83]

3.76Mr Matthew Paterson, Mayor of Alice Springs Town Council, described that:

Not only are the stats high in Alice Springs but there's also a perception of fear. People are actually scared to go to sleep at night, due to the fact that either they have been affected by crime or they know someone who has been.[84]

3.77The Committee also heard about the need to invest in early intervention and prevention initiatives, to address the root causes and factors impacting anti‑socialbehaviour, as opposed to only intervening at the point of offending. MsLeanne Liddle, Director of the Aboriginal Justice Unit at the Department of the Attorney‑General and Justice for the Northern Territory, stated in her evidence that:

It is much more that creates that system of people self-medicating because they don't have access to programs that work, that fix their offending behaviours or their trauma and/or grief. If those programs aren't accessible, if they aren't available and if they don't meet the needs of Aboriginal people or the people that need them the most, you will get and see an increase in data.[85]

3.78The anti-social behaviour stems from the trauma associated with the disempowerment felt since the NTNER and Stronger Futures Act. There needs to be a greater focus on community-led education, training and wrap-around supports, rather than condemnation and punishment. Ms Siobhan McKay, Chief Executive Officer, Katherine Women’s Information and Legal Service, told the Committee that:

The Intervention and the Stronger Futures legislation dramatically disempowered communities and took away so much of their ability to be able to self-govern their own communities, their families and initiatives such as this. Hopefully, now that those restrictions have ended, people can start the recovery from that and start moving towards more community led responses and more self-determination.[86]

Youth anti-social behaviour and criminal activity

3.79As part of its inquiry the Committee has given a great deal of consideration to community concerns about youth anti-social behaviour and criminal activity across the Central Australia Region. Since the referral of this inquiry there has been significant media coverage drawn to the issue of youth anti-social behaviour in andaround Alice Springs.

3.80On the topic of those reports and the issues of concern, Mr Matthew Paterson, Mayor of Alice Springs Town Council, has said to the Committee that:

There are constant reports of young people breaking into people's houses while they sleep or people waking up to find intruders in their children's bedrooms.

We've had our CBD shut twice in a two-week period due to young people hooning the streets, being classed as a danger to themselves and pedestrians by police, who have put reports out on their social media telling people to avoid the area. We've had cars being stolen and ram-raiding, and glaziers have literally stopped attending overnight call-outs due to the safety of their staff. I'll tell the committee the same thing that I tell every politician who sits in my office: every day that this goes on, we're a day closer to a kid killing themselves in a car accident or killing another innocent person in Alice Springs or a child being killed by a parent, big brother or sister who was intruding into their property.[87]

3.81The Committee is aware of and acknowledges the efforts of the NT Government Department of Territory Families, Housing and Communities (Territory Families) through its Youth Outreach and Re-engagement Team (YORET) to address anti-social behaviour among young people in Alice Springs. On 8 December 2022, the Committee conducted a site visit to and private briefing with the YORET at its offices in Alice Springs.

3.82The young people engaging in anti-social behaviour are the children born at the start of the Intervention, who have lived their whole lives under either the NTNER or Stronger Futures Act. This demonstrates that neither legislative framework was effective in achieving their objectives of improving the wellbeing of Aboriginal communities, or facilitating an environment where communities, families and children are safe and healthy. The application of special measures under the Racial Discrimination Act 1975 (Cth) has had little benefit in creating equality for these children.

3.83Ms Jane Vadiveloo, Chief Executive Officer of Children Ground, provided the Committee with the following explanation of what may be causing young people to take to the streets at night:

They will always find and they will always walk to find a place of safety. That is what young people do. What we have done as adults and systems is completely neglect them.

When we have a narrative, as we have today, of these troublemakers walking the streets, all we are doing is marginalising them again, judging them again, failing to see their beauty, their strength and our responsibilities to them as children and young people. I get concerned when we get asked those questions. Of course we have young people at risk. We have young people at risk every day, and we deal with it every day. And those young people are at risk because of the system that has been created. What we are doing is creating a system based on justice equity prevention and investing in the very things that young people and families need for their basic human rights and future dignity.[88]

Early intervention and access to services

3.84During its inquiry the Committee heard from a number of witnesses about potential tools for addressing community safety into the future. Early intervention and access to services were repeatedly raised as being key to addressing alcohol related anti‑social behaviour and criminal conduct as each addresses underlying social determinants which are cause of the problems.

3.85At the Committee’s hearing in Alice Springs on 9 December 2022, the Northern Territory Council of Social Services (NTCOSS) highlighted the needed for, and importance of, early intervention services in the NT in stating that:

We need programs that are not punitive, but based in primary prevention and early intervention, giving opportunity to change behaviours, build capacity and improve outcomes earlier. We need the right people at the table to inform policy discussions and work with communities and governments to create meaningful, useful and evidence based policy. We need people's lived experience and cultural knowledge to be acknowledged and embedded in responses.[89]

3.86This evidence is supported by modern approaches to addressing social problems through a public health approach. Public health approaches to addressing social concerns, such as child maltreatment, consist of three tiers of service delivery which increasingly target groups at greater risk with increased support.[90] Primary or universal services are delivered across the whole population and are education based and preventative in nature. Secondary services target populations at a known risk of a given problem with an aim to prevent a likely problem occurring. Tertiary services are reactive and aimed at addressing harm which has already occurred. It is well understood that proper investment balanced toward in universal services delivers better overall outcomes than investment focused only on tertiary services.

3.87Discussing the role early intervention has to play in reducing crime and alcohol related harm, FORWAARD Aboriginal Corporation put the example of its in school programs to the Committee, stating:

[W]e feel that early intervention is the best crime prevention, the best in knowing. Once again, it isn't only around drugs and alcohol when we go to a school and do drug and alcohol education. We go to schools to be able to share with the children that going to see a counsellor is a good thing, going to Headspace, going to these organisations, reconnecting, and what's available so they don't end up in our centres, so they don't end up with a drug and alcohol problem—and why do you develop one and where is it from, so there's an understanding. It's around not only education on drug and alcohol but also how to get help and being aware of the consequences of becoming dependent on those substances.[91]

3.88The example provided by FORWAARD Aboriginal Corporation demonstrates how a well-considered and constructed program has the potential to improve engagement over a range of key services, such as mental health and wellbeing services.

3.89However, despite their clear utility, early intervention and prevention programs have struggled to gain the appropriate funding and awareness they need. The Committee heard from the Central Desert Regional Council about the challenges impacting delivery the of early intervention services in remote communities, including that:

All those preventive and early intervention programs need to be strengthened or, at least, the awareness of their existence and the referral pathways are critical to that exercise. … I think the biggest challenge is residents' awareness of those early intervention programs and implementation and also considering whether the funding with the right provider in itself, because we do know that not all services actually operate within remote communities. That's a big gap in terms of making sure that the impact is felt across the region as a whole.[92]

3.90With limited budget, one of the toughest challenges for governments and services providers is balancing the trade-offs between investing in treatment services for those suffering harm now and investment in preventative services to improve outcomes and reduce demand for treatments services into the future. Discussing this issue Ms Eloise Page, Chief Executive Officer of Drug and Alcohol Services Australia, stated that:

Both are so important, and we can't just back off on treatment, because we've got too many people in the thick of it. But there definitely needs to be more work done in the early intervention space, more investment into very young people and family interventions—support in the home or in the family, not taking people out, not putting people in jail. I don't think jail helps people with addiction at all. It kind of puts a pause, and then they come to us and nothing has been dealt with. More on the front end, balanced out with something in the middle and less on sending people to lock-up, I think, is the way to go.[93]

3.91Services and funding arrangements are dealt with in detail in Chapter 4 of this report.

Committee comment

3.92The Committee notes that the anti-social behaviour in the Northern Territory requires consolidated effort from all levels of government in order to meaningfully address and prevent the root causes and factors contributing to these behaviours through wrap‑around supports.

3.93The Committee acknowledges the need to address intergenerational trauma and support healing for Aboriginal communities that was contributed to by the top-down approach of the NTNER Act and the ongoing impacts of colonisation.

3.94The Committee considers that early intervention services provide the best long-term solution to addressing community safety concerns in the NT. The Committee believes that early interventions should be delivered by Aboriginal service providers in a trauma informed and culturally safe way wherever possible and that funding should be made available to build Aboriginal communities’ capacity to deliver these services.

Footnotes

[1]Department of Health and Aged Care (DHAC), ‘National Alcohol Strategy 2019–2028’, p. 5, https://www.health.gov.au/resources/publications/national-alcohol-strategy-2019-2028?language=en, viewed 17 February 2023.

[2]DHAC, ‘What are the effects of alcohol?’, https://www.health.gov.au/topics/alcohol/about-alcohol/what-are-the-effects-of-alcohol, viewed 17February2023.

[3]Australian Institute of Family Studies, ‘Alcohol-related harm in families and alcohol consumption during COVID-19’, p. 2, https://aifs.gov.au/resources/policy-and-practice-papers/alcohol-related-harm-families-and-alcohol-consumption-during, viewed 17 February 2023; Ramamoorthi R, Jayaraj R, Notaras L and Thomas M (2014) ‘Alcohol-Related Violence among the Australian Aboriginal and Torres Strait Islanders of the Northern Territory: Prioritizing an Agenda for Prevention-Narrative Review Article’, Iranian Journal of Public Health, 43(5).

[4]Bridgette Bellenger, General Manager, Territory Regional Growth and Development, Department of the Chief Minister and Cabinet, NT Government, Committee Hansard, Canberra, 19 October 2022, p. 14.

[5]DHAC, ‘National Alcohol Strategy 2019–2028’, p. 5, https://www.health.gov.au/resources/publications/national-alcohol-strategy-2019-2028?language=en, viewed 21 February 2023.

[6]National Centre for Education and Training on Addiction, ‘Harm Minimisation’, https://nceta.flinders.edu.au/society/harm-minimisation, viewed 17 February 2023.

[7]DHAC, ‘National Alcohol Strategy 2019–2028’, p. 35, https://www.health.gov.au/resources/publications/national-alcohol-strategy-2019-2028?language=en, viewed 17 February 2023.

[8]DHAC, ‘National Alcohol Strategy 2019–2028’, p. 37, https://www.health.gov.au/resources/publications/national-alcohol-strategy-2019-2028?language=en, viewed 17 February 2023.

[9]Giovina D’Alessandro, Senior Executive Director, Alcohol Policy Coordination Unit, Department of the Chief Minister and Cabinet, Northern Territory (NT) Government, Committee Hansard, Canberra, 19October2022, p. 14.

[10]Stephen Gourley, Director Emergency Medicine, Alice Springs Hospital, Committee Hansard, AliceSprings, 9 December 2022, p. 30.

[11]Liquor Act 1978 (NT), s. 4 (definition of ‘commission’).

[12]Liquor Act 1978 (NT), s. 71.

[13]Liquor Act 1978 (NT), pt VIII div 2.

[14]Liquor Act 1978 (NT), s. 76.

[15]Liquor Act 1978 (NT), s. 81(1)(c).

[16]Clifford, S. et al 2021, ‘A historical overview of legislated alcohol policy in the Northern Territory of Australia: 1979–2021 - BMC public health’, BioMed Central, https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-021-11957-5, viewed 20 February 2023.

[17]Liquor Act 1978 (NT), s. 76 (2).

[18]Liquor Act 1978 (NT), s. 101A.

[19]Liquor Act 1978 (NT), ss. 101C, 101 A.

[20]Liquor Act 1978 (NT), pt VIII div 2.

[21]Northern Territory Government Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse 2007, Ampe Akelyernemane Meke Mekarle – Little Children are Sacred, pages 161–172, https://humanrights.gov.au/sites/default/files/57.4%20%E2%80%9CLittle%20Children%20are%20Sacred%E2%80%9D%20report.pdf,viewed 20 February 2023.

[22]Northern Territory National Emergency Response Act 2007 (Cth), s. 5 (NTNER Act).

[23]Australian Constitution, s. 122

[24]NTNER Act, s. 4.

[25]NTNER Act, s. 4.

[26]NTNER Act, s. 12(2).

[27]NTNER Act, s. 12 (4).

[28]NTNER Act, s. 12 (6).

[29]Penalty Units Act 2002 (NT), s. 3.

[30]NTNER Act, s. 23.

[31]NTNER Act, ss. 13, 14.

[32]Explanatory Memorandum, Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Bill 2010 (Cth).

[33]Stronger Futures in the Northern Territory Act 2012, ss. 4A, 6 (Stronger Futures Act), as enacted.

[34]Stronger Futures Act, s. 7, as enacted.

[35]Stronger Futures Act, s. 17.

[36]Stronger Futures Act, s. 26.

[37]G. D’Alessandro, Senior Executive Director, Alcohol Policy Coordination Unit, Department of theChief Minister and Cabinet, Northern Territory Government, Committee Hansard, Canberra, 19October2022, p 18.

[38]NT Government 2017, ‘Alcohol Policies and Legislation Review: Final Report’ (‘Riley Review’), https://industry.nt.gov.au/publications/licensing/alcohol-policies-and-legislation-review-final-report, viewed 10February 2023.

[39]Riley Review, p. 34.

[40]Northern Territory Legislative Assembly, Minutes of Proceedings, 13 August 2019, p. 603.

[41]Liquor Act 2019 (NT), s. 329.

[42]Minimum pricing was introduced in the NT in the last year of the Liquor Act 1978 (NT)’s operation by the Liquor Amendment (Minimum Pricing) Act 2018 (NT).

[43]Central Desert Regional Council (CDRC), Submission 1, p. 2.

[44]Peoples Alcohol Action Coalition, Submission 7, p. 7.

[45]Associations and Liquor Amendment Act 2022 (NT), s. 6.

[46]Deborah Katona, Senior Manager , Policy, Northern Land Council, Committee Hansard, Darwin, 7December2022, p. 44.

[47]NT Government, Submission 6, p. 14.

[48]NT Government, Submission 6, pages 14–15.

[49]NT Government, Submission 6, p. 16.

[50]Central Australian Aboriginal Congress, Submission 10, pages 9–10.

[51]Committee Hansard, Alice Springs, 9 December 2022, p. 14.

[52]Drug and Alcohol Services Australia, Submission 12, pages [1]–[3].

[53]Committee Hansard, Alice Springs, 9 December 2022, p. 23.

[54]Anna Gill, Regional Managing Solicitor, Southern Region, North Australian Aboriginal Justice Agency, Committee Hansard, Alice Springs, 9 December 2022 9 Dec 2023, p. 44.

[55]NT Government, Submission 6, Supplementary Submission, Answer to Question on Notice, pages 2–3.

[56]National Indigenous Australian Agency, Submission 15: Answers to Questions on Notice, p. [2]

[57]Senator the Hon Malarndirri McCarthy, Assistant Minister for Indigenous Australians, ‘Investing in Central Australia’, Media Release,https://ministers.pmc.gov.au/mccarthy/2022/investing-central-australia, 3November 2022.

[58]Breen, J, Robinson, L, 2023, ‘NT Police Minister Kate Worden to meet with Alice Springs liquor retailers on crime crisis’, ABC News, 18 January 2023, https://www.abc.net.au/news/2023-01-18/nt-liquor-retailers-alice-springs-crime-crisis-alcohol/101865272, viewed 21 February 2023; Breen, J, Mackay, 2023, ‘NT Police confirm Todd Tavern liquor licence suspended over alleged domestic violence amid Alice Springs crime spike’, ABC News, 21 January 2023, https://www.abc.net.au/news/2023-01-21/nt-alice-springs-todd-tavern-suspension-police/101876784, viewed 15 February 2023; Collard, S 2023, ‘Alice Springs mayor calls for ‘heavy handed response’ as crisis talks held over increased crime’, The Guardian Australia, 19January2023, https://www.theguardian.com/australia-news/2023/jan/19/alice-springs-mayor-calls-for-heavy-handed-response-as-crisis-talks-held-over-increased, viewed 15 February 2023

[59]NT Government, ‘Alice Springs Crime Statistics’, November 2022, https://www.pfes.nt.gov.au/police/community-safety/nt-crime-statistics/alice-springs, viewed 13February2023.

[60]Sky News 2023, ‘Lapsing Stronger Futures increased ‘alcohol fuelled violence’ in Alice Springs’, Sky News, 25 January 2023, https://www.skynews.com.au/australia-news/crime/lapsing-stronger-futures-increased-alcohol-fuelled-violence-in-alice-springs/video/8e6269f68765824a7ae0364e6aecdda8, viewed 13February2023; Wood, D 2023, ‘Prime Minister lands in Alice Springs over crime crisis as NT announces new alcohol restrictions for the town’, NT Independent, 24 January 2023, https://ntindependent.com.au/prime-minister-to-visit-alice-springs-as-alcohol-advocacy-group-calls-for-stronger-futures-equivalent-legislation/, viewed 13 February 2023.

[61]Associations and Liquor Amendment Act 2022 (NT), s. 6.

[62]Committee Hansard, Canberra, 1 February 2023, pages 19–20.

[63]Hon Anthony Albanese MP, Prime Minister, ‘A Better, Safer Future for Central Australia’, Media Release, https://www.pm.gov.au/media/better-safer-future-central-australia, 6 February 2023.

[64]Department of Prime Minister and Cabinet (PM&C), ‘Visit to Alice Springs; Announcement of measures to enhance safety in Alice Springs and Central Australia; Crime; Alcohol restrictions; Family violence; Northern Territory Aboriginal Justice Agreement; Voice to Parliament’, Transcript, 24 January 2023, https://www.pm.gov.au/media/doorstop-alice-springs#:~:text=ANTHONY%20ALBANESE%2C%20PRIME%20MINISTER%3A%20Well,very%20successful%20meetings%20and%20engagements, viewed 13 February 2023.

[65]PM&C, Visit to Alice Springs; ‘Announcement of measures to enhance safety in Alice Springs and Central Australia; Crime; Alcohol restrictions; Family violence; Northern Territory Aboriginal Justice Agreement; Voice to Parliament’, Transcript, 24 January 2023, https://www.pm.gov.au/media/doorstop-alice-springs#:~:text=ANTHONY%20ALBANESE%2C%20PRIME%20MINISTER%3A%20Well,very%20successful%20meetings%20and%20engagements, viewed 13 February 2023.

[66]PM&C, ‘Visit to Alice Springs; Announcement of measures to enhance safety in Alice Springs and Central Australia; Crime; Alcohol restrictions; Family violence; Northern Territory Aboriginal Justice Agreement; Voice to Parliament’, Transcript, 24 January 2023, https://www.pm.gov.au/media/doorstop-alice-springs#:~:text=ANTHONY%20ALBANESE%2C%20PRIME%20MINISTER%3A%20Well,very%20successful%20meetings%20and%20engagements, viewed 13 February 2023.

[67]Williams, T 2023, ‘NT Chief Minister Natasha Fyles says alcohol ban legislation coming in next sitting of parliament — as it happened’, ABC News, 6 February 2023, https://www.abc.net.au/news/2023-02-06/live-northern-territory-natasha-fyles-alice-springs-report/101935888, viewed 13 February 2023.

[68]Office of the Central Australian Regional Controller, ‘Proposed Actions for Alcohol Related Harm in Central Australian Communities’, p. 14, https://cmc.nt.gov.au/central-australian-regional-response, viewed 21February 2023.

[69]NT Government Department of Chief Minister and Cabinet, ‘Central Australian Regional Response: A Better, Safer Future for Central Australia’, https://cmc.nt.gov.au/central-australian-regional-response, viewed 13 February 2023.

[70]Williams, T 2023, ‘NT Chief Minister Natasha Fyles says alcohol ban legislation coming in next sitting of parliament — as it happened’, ABC News, 6 February 2023, https://www.abc.net.au/news/2023-02-06/live-northern-territory-natasha-fyles-alice-springs-report/101935888, viewed 13 February 2023.

[71]Northern Territory Legislative Assembly, Minutes of Proceedings, 14 February 2023, p. 4.

[72]Liquor Amendment Bill 2023, s. 5.

[73]Northern Territory Legislative Assembly, Minutes of Proceedings, 14 February 2023, p. 5.

[74]Liquor Amendment Act 2023, as enacted.

[75]Liquor Act 2019 (NT), s. 170D.

[76]Hon Anthony Albanese MP, Prime Minister, ‘A Better, Safer Future for Central Australia’, Media Release,https://www.pm.gov.au/media/better-safer-future-central-australia, 6 February 2023.

[77]Hon Anthony Albanese MP, Prime Minister, ‘A Better, Safer Future for Central Australia’, Media Release,https://www.pm.gov.au/media/better-safer-future-central-australia, 6 February 2023.

[78]Hon Anthony Albanese MP, Prime Minister, ‘A Better, Safer Future for Central Australia’, Media Release,https://www.pm.gov.au/media/better-safer-future-central-australia, 6 February 2023.

[79]Sean Holden, Chief Executive Officer, Local Government Association of the Northern Territory, Committee Hansard, Darwin, 7 December 2022, pages 17–18.

[80]Committee Hansard, Darwin, 7 December 2022, p. 22.

[81]Committee Hansard, Darwin, 7 December 2022, p. 15.

[82]Committee Hansard, Darwin, 7 December 2022, p. 15.

[83]Committee Hansard, Alice Springs, 8 December 2022, p. 28.

[84]Committee Hansard, Alice Springs, 9 December 2022, p. 8.

[85]Committee Hansard, Alice Springs, 9 December 2022, p. 50.

[86]Committee Hansard, Darwin, 7 December 2022, p. 8.

[87]Committee Hansard, Alice Springs, 9 December 2022 p. 8.

[88]Committee Hansard, Alice Springs, 8 December 2022 p. 38.

[89]Tessa Snowdon, Acting Policy Manager, Northern Territory Council of Social Services, Committee Hansard, Alice Springs, 9 December 2022, p. 1.

[90]Australian Institute of Family Studies 2016, ‘The public health approach to preventing child maltreatment’, June 2016, https://aifs.gov.au/resources/short-articles/public-health-approach-preventing-child-maltreatment, viewed 22 February 2023.

[91]Ekaterine Katras, FORWAARD Aboriginal Corporation, Committee Hansard, Darwin, 7 December 2022, p.41.

[92]Leslie Manda, Chief Executive Officer, CDRC, Committee Hansard, Alice Springs, 8 December 2022, p.5.

[93]Eloise Page, Chief Executive Officer, Drug and Alcohol Services Australia, Committee Hansard, AliceSprings, 9December 2022, p. 24.