1.1
Coalition Senators make the following additional comments and
recommendations concerning the Committee’s inquiry into Stronger Futures in the
Northern Territory Bill 2011, the Stronger Futures in the Northern Territory
(Consequential and Transitional Provisions) Bill 2011, and the Social Security
Legislation Amendment Bill 2011.
1.2
Coalition Senators agree with evidence provided to the committee
that excessive alcohol consumption leading to alcohol-related harm is not just
confined to Aboriginal people but is an issue that affects the entire
community.
1.3
Clause 15 of Division 5 of the Stronger Futures in the Northern
Territory Bill 2011 states that alcohol sales must be restricted where harm may
be caused to 'Aboriginal people'. This clause ignores the fact that the entire
community suffers directly or indirectly from the consequences of alcohol
abuse.
1.4
Coalition Senators recommend that Clause 15 of Division
5 of the Stronger Futures in the Northern Territory Bill 2011 be amended to
specify that an independent assessor may only be appointed where there is a
reasonable belief that the sale of alcohol is causing harm in the ‘community’. This
removes any race based reference and stigma and clearly identifies that
excessive alcohol consumption and alcohol abuse has community wide consequences
and requires a whole of community commitment to ameliorate.
Additional
Coalition Recommendation 1
All
requests made by the minister to the Northern Territory government to appoint
an independent assessor must be based upon a reasonable belief, that the sale
of alcohol is causing harm in the community.
Income Management referrals
2.1 The Social Security Legislation
Amendment Bill 2011 inserts a new income management measure to enable
income management referrals from State and Territory authorities.
2.2 Coalition Senators share the concerns
raised by a number of submissions and individuals who provided evidence to the
committee that there must be an established and transparent appeals mechanism
applicable to all income management referral processes.
2.3 Coalition Senators believe that while some
State and Territory agencies that work with individuals and families may be
suitable authorities to initiate an income management referral, because they
have access to private information to base that referral, the decision must be
able to be appealed by the individual or family.
2.4 Referrals from State or Territory
authorities shall only be accepted by Centrelink if the authority is specified
in legislation instrument and the authority has satisfied the minister that
there exists an internal and external review mechanism for any decision made.
Additional Coalition Recommendation 2
State or Territory authorities may only
be authorised by legislative instrument to refer an individual for compulsory
income management where the minister is satisfied that an internal and external
review mechanism exists for any decision made by that authority.
Stronger Futures Legislation Review
Timelines
3.1 The Committee received
evidence in Darwin detailing some of the statistics that detail the level of
disadvantage and disconnect experienced by Aboriginal people living in both
remote and regional Northern Territory. The evidence from Dr Bath revealed that
child safety and well being impacts and domestic violence remain
disproportionately high when compared to not only non Aboriginal people in the
NT but to Aboriginal people living in other States and Territories[1].
3.2 Coalition Senators accept
that long term change will require long term strategic investment and
involvement by both Aboriginal people and governments. The systemic change
required demands a degree of leadership and monitoring that the Coalition
Senators believe is not evidenced through the Stronger Futures in the Northern Territory Bill 2011.
3.3 The Stronger Futures in the
Northern Territory legislation proposes a 10 year timeframe with most
provisions other than the alcohol measures being reviewed after 7 years.
3.4 A lengthy 10 year timeframe
for the specific measures contained in the stronger futures legislation is considered
counterproductive to achieving the necessary outcome of empowering individuals
and communities to take control of their lives and of the management of their
communities as soon as possible. The proposed legislation has also encouraged
the emotive criticism that the government is embarking on a further 10 year
intervention into the lives of Aboriginal people in the Northern Territory.
3.5 While long a term commitment
and investment is necessary to overcome disadvantage and disconnect, addressing
alcohol abuse and land tenure in communities is fundamental before there can be
any advancements towards closing the gap on disadvantage. Resolving these
issues must be achieved much earlier than the 10 years specified in the Stronger
Futures in the Northern Territory Bill 2011.
3.6 There must be continual
monitoring of programs and policies involving alcohol reforms, land tenure and
community store standards with a formal review of progress to be completed
after 3 years. The end goal being that the need for these measures contained
in the Stronger Futures Legislation to be redundant and therefore lapse after 5
years.
Additional Coalition Recommendation 3
The Stronger Futures in the Northern
Territory Bill 2011, the Stronger Futures in the Northern Territory
(Consequential and Transitional Provisions) Bill be formally reviewed after 3
years and lapse after 5 years from the date of assent.
Senator the Hon Nigel Scullion |
Senator Sue Boyce |
|
Senator Bridget McKenzie |
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