- Preparation for sunsetting of Stronger Futures
- This Chapter outlines the evidence received about the consultation between the Commonwealth and Northern Territory (NT) governments regarding whether the Stronger Futures in the Northern Territory Act 2012 (Cth) (Stronger Futures Act) would sunset; as well as the consultations with Aboriginal communities, organisations, and peak bodies.
- For a chronology of key events leading up to the sunsetting of the Stronger FuturesAct, please see the detailed timeline provided at Appendix C.
Consultation between governments
2.3The Stronger Futures Act was intended to sunset after 10 years, on 17July2022. In anticipation of that date, the National Indigenous Australians Agency (NIAA) established a taskforce in December 2020 to lead consideration of the Commonwealth Government’s response to the sunsetting of the Stronger Futures Act and associated legislation.
2.4The Taskforce conducted the Stronger Futures in the Northern Territory: Sunset Review (Sunset Review) to assess the impact of the legislation, and recommend any future actions for the policy areas impacted by the cessation of the legislation.
2.5As part of the Sunset Review, the Taskforce held a series of consultations with NIAA and NT Government representatives. These consultations included considering what was needed to prepare the NT Government for the transition away from the alcohol restrictions implemented under the Stronger Futures Act.
2.6As a result of these consultations, the NT Government decided that it would lead community consultations to determine community aspirations regarding alcohol management, as well as amend its Liquor Act 2019 (NT) to cover any gaps upon the sunsetting of the Stronger Futures Act.
2.7When asked by the Committee, the NIAA advised that it did not work with the NT Government with regards to the development of its ‘opt-in’ or ‘opt-out’ approach for alcohol restrictions. However, the NIAA first became aware that an ‘opt-in’ approach was being considered on 9 February 2022.
2.8On 18 June 2021, a working draft report of the Sunset Reviewwas provided to the NT Government. The Sunset Review concluded that due to a lack of data, and the concurrence of Commonwealth and NT Government initiatives, it was not possible to evaluate whether the Stronger Futures Act alone had been effective. It also concluded that the NT Government was well placed to take responsibility for managing these issues.
2.9In its submission to the inquiry, the NT Government stated that from June 2021 until March 2022, it was unclear to both the NIAA and the NT Government whether the Commonwealth would allow the Stronger Futures Act to sunset. With this perceived lack of clarity, preparations continued for the sunsetting of the legislation.
2.10According to the NIAA, the former Minister for Indigenous Australians, the HonKenWyatt, wrote on 6April2022 to NT Minister for Aboriginal Affairs, the HonSelenaUibo, formally confirming that the Stronger Futures Act would be allowed to sunset based on the findings of the Sunset Review, and agreeing to the NT Government’s offer to transition responsibility for alcohol, stores licensing and land management measures to itself.
2.11The NT Government responded to this confirmation by passing the Associations and Liquor Amendment Bill 2022 on 17May2022, as a transitional arrangement for the management of alcohol restrictions in communities ahead of the sunsetting of the Stronger FuturesAct.
Consultations with communities and services providers
2.12On 15November 2021, 9 February 2022, and 14 April 2022, the NT Government held briefings and workshops with community organisations to discuss the potential impacts of the Stronger Futures Act sunsetting and potential transition arrangements. These workshops were organised with the co-operation of the NIAA. Organisations included in these workshops were Land Councils, peak bodies such as APONT, community organisations, and the NT Department of Chief Minister & Cabinet (CM&C).
2.13The NT Government’s consultations with communities appeared to have been limited by their timing between December 2021 and January 2022. The NT Government also noted in their submission that consultations with remote communities were further hampered by COVID-19 restrictions.
2.14When questioned by the Committee about the Commonwealth Government’s engagement with Aboriginal communities and organisations about the potential impacts of the Stronger Futures Act sunsetting, representatives from the NIAA said that outreach was deliberately left to the NT Government to avoid cross messaging.
2.15In its submission, APO NT raises the Commonwealth Government’s important role in addressing key social determinants on which the Territory is lagging as compared with other States and Territories, in part, owing to historical policy failures in the jurisdiction.
2.16The inadequacy of consultations prior to the sunsetting of the Stronger Futures Act was repeatedly shared with the Committee throughout its public hearings. TheNorthern Land Council stated:
…after 10 years of the Stronger Futures legislation, the Commonwealth and Territory governments failed to adequately plan for its sunsetting and failed to adequately consult those communities likely to be most affected by the changed arrangements.
2.17The Central Australian Aboriginal Congress (CAAC) stated that it was not consulted and that the sunsetting of the Stronger Futures Act ‘sort of just happened’. CAAC further noted that, had there been consultation, it would have advocated for an opt‑out system of alcohol management, rather than an opt‑in. An opt-out system, inits view, would have provided a stronger transitionary arrangement, whereby consultation could be undertaken community by community regarding the appropriateness of removing alcohol restrictions.
2.18The NT Government advised that between May and October 2022, there were 245face-to-face engagements with 787 individuals across regional NT, including remote communities.
2.19According to the NIAA’s submission, the final community consultation undertaken byboth the NIAA and the NT Government occurred two days before the Stronger Futures Act sunset. A joint letter from the NIAA and NT Government was sent to peak community organisations, as well as store owners and managers, advising them of the imminent changes that would result from both the sunsetting of the Stronger Futures Act and the transitionary arrangements enacted by the NTGovernment.
Committee comment
2.20The Committee is of the view that both the NT and Commonwealth governments failed to prepare and record comprehensive data to inform the sunsetting and transition away from the Stronger Futures Act. As a consequence the policy measures or investment cannot be evaluated.
2.21The fact that the NT Government, on 14 February 2023, re-introduced alcohol restrictions in remote communities with an ‘opt-out’ mechanism, demonstrates that there was not adequate preparation for sunsetting the Stronger Futures Act.
2.22The Committee is of the view that consultations between the Commonwealth and NTgovernments lacked clarity and specificity, which may have had an impact on the timeframes for subsequent consultations and respective policy decisions.
2.23The Committee acknowledges that some consultation was undertaken by the NTGovernment with Land Councils and certain peak bodies. However, consultation missed certain groups, especially women, and did not enable community understanding of the impacts of the proposed transition.
2.24The Committee notes that because the Stronger Futures Act had a legislated end date, it should have been possible for the NT and Commonwealth governments to work with affected communities to prepare for the transition.
2.25The Committee recommends that the National Indigenous Australians Agency and the Northern Territory Department of Chief Minister and Cabinet conduct a review into the inadequate preparations for the sunsetting of the Stronger Futures Act, by 31 December 2023, and develop policies to prevent a similar situation from occurring in the future.