- Introduction
- This Chapter provides an overview of the scope and conduct of the inquiry, as well as background information on the Commonwealth Government’s Northern Territory National Emergency Response and Stronger Futures in the Northern Territory legislative packages.
Referral of the inquiry
1.2On 28September 2022, the Senate referred an inquiry into community safety, support services and job opportunities in the Northern Territory (NT) to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs to be reported on by 1December2022.
1.3The Committee adopted the inquiry and its Terms of Reference on 4October2022, which are listed on page xi of this report.
1.4On 25 October 2022, the Senate granted the Committee an extension to report on the inquiry from 1 December 2022 to 1 March 2023.
Conduct of the inquiry
1.5The inquiry received 25 submissions and six supplementary submissions. These are listed at AppendixA. The Committee conducted seven public hearings in person and via videoconference, and made two site visits. These are listed at AppendixB. Further public hearings with other communities across the Northern Territory, such as Wadeye and Peppimenarti, were not possible due to the tight timeframe and reporting deadline.
Policy changes during the inquiry
1.6During the inquiry, the NT and Commonwealth governments were working together to respond to developments occurring in Alice Springs. This included changes to the LiquorAct2019 (NT) and the announcement of significant investment for services and support, based on recommendations from the Central Australia Regional Controller. This is outlined in Chapter3.
1.7Most of the evidence received through public hearings and submissions for the inquiry occurred prior to these policy changes.
Background
1.8The NT is a self-governing Australian Territory, whose independent legislature, executive and judiciary powers derive from the Northern Territory (Self-Government) Act 1978 (Cth). Unlike the States, the Territory’s legislature is subordinate to the Federal Parliament. Section122 of the Australian Constitution gives the Commonwealth Government, by way of the Parliament, the legislative power to make laws with respect to Territories.
Aboriginal communities in the NT before 2007
1.9Aboriginal communities in the NT have a long history of cultural strength and empowerment. These communities are politically powerful—both locally and nationally—in their advocacy to seek the enjoyment of their rights.
1.10The political leadership of Aboriginal communities in the NT is demonstrated through key pieces of advocacy and reform, such as:
- securing the Aboriginal Lands Rights (Northern Territory) Act 1976 (Cth), the first piece of national legislation recognising ‘the Aboriginal system of land ownership’.
- presenting the Barunga Statement in 1988 to the Commonwealth Government, calling for the recognition of Aboriginal rights such as self-determination; legislative reform for national representation, land rights and justice; seeking the development of internationally recognised Indigenous rights; and the negotiation of a treaty.
- Prior to 2008, Aboriginal communities in the NT also managed or governed their communities through their own local governments or corporations. However, in 2008, ‘small town councils, community government councils, Aboriginal corporations and associations and local government structures were amalgamated into larger regional or mega-shires in the [NT]’.
Northern Territory National Emergency Response Act 2007 (Cth)
1.12In 2006, the NT Government commissioned an inquiry into the protection of Aboriginal children from sexual abuse, which culminated in the 2007publication of the Ampe Akelyernemane Meke Mekarle (Little Children are Sacred) Report. The inquiry was established following concerns by Aboriginal and government agencies and the judiciary about child sexual abuse in Aboriginal communities in the NT.
1.13In reaction to the Little Children are Sacred Report, the Commonwealth Parliament passed the Northern Territory National Emergency Response Act 2007 (Cth) (NTNERAct)—the outcome has become commonly known as the NT emergency response, or the Intervention. The NTNER Act was described as seeking to improve the wellbeing of Aboriginal children in the NT. The passage of the legislation was incredibly quick, and Aboriginal communities were not consulted.
1.14The Aboriginal and TorresStraitIslander Social Justice Commission stated that the legislation introduced a broad range of measures to address child abuse and family violence, consisting of:
- alcohol restriction in ‘prescribed areas’, including land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), Community Living Areas and town camps
- health checks for Aboriginal children
- changes to welfare payments, including income management through the Basics Card and school attendance linked to income support and family payment
- cleaning and repair of communities, including improving housing and community living arrangements
- banning the possession of pornography, and
- increasing police presence.
- Significantly, some provisions of the NTNER Act were deemed as ‘special measures’ under the Racial Discrimination Act 1975 (Cth) (RDA) and others disapplied the RDA entirely. This enabled the NTNER Act to discriminate on the basis of race.
- Many stakeholders, individuals and organisations felt, that the introduction of the NTNER Act was an infringement on human rights and discriminatory in nature. TheIntervention was unsuccessfully challenged in the High Court.
- The Australian Defence Force was engaged to assist with logistics.
- The NTNER Act allowed for the subjugation of Aboriginal peoples in the NT, and further reinforced the legacy of colonisation and historical government policies. TheAboriginal Peak Organisations Northern Territory (APO NT) stated in its submission that the NTNER Act ‘left an indelible stain on the relationship between the Commonwealth and Aboriginal people’.
- Children’s Ground is of the view that families and children were, are and continue tobe at risk due to the impacts of colonisation and systematic injustices, which are intensified by ‘a welfare system that undermine[s Aboriginal] people’.
- The NT Government states that the NTNER Act ‘severely limited the ability of Aboriginal communities to determine their own aspirations concerning alcohol’. The NT Attorney-General and Justice Department advised that in their consultations they have heard of grief, pain and shame, as well as feelings of being ‘disproportionally targeted and racially profiled, [and being categorised as] drunks, paedophiles and all-round bad people’.
- In its submission, the North Australian Aboriginal Justice Agency (NAAJA) described the NTNER Act as ‘incredibly disempowering [and] disenfranchising’, as well as a racist policy failure, with the impacts continuing to echo through generations. NAAJA stated that:
The Intervention stripped community members of their pride and dignity, a disempowerment so powerful it has had huge social, emotional and wellbeing impacts across multiple generations and will continue to do so for generations to come.
1.22In 2011 the Commonwealth Government authorised an evaluation of the NTNERAct by the then Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). The review found that for measures such as income management and alcohol restrictions, ‘the lack of consultation and blanket imposition attracted criticism even when the measures themselves were valued’. FaHCSIA recommended that future policy development be generated through shared ownership, be community specific, take into account policies and programs already implemented, and be supported by ongoing or long-term funding.
Stronger Futures in the Northern Territory Act 2012 (Cth)
1.23In 2012, the Commonwealth Government introduced the Stronger Futures in the NT legislative package (Stronger Futures), repealing and replacing the NTNER Act ‘to support Aboriginal peoples to live strong, independent lives, where communities, families and children are safe and healthy’.
1.24Criticism of the NTNER Act, including a lack of community consultation and concerns about human rights, resulted in the Commonwealth Government undertaking extensive consultation to inform the development of Stronger Futures. This involved more than 370meetings across almost 100communities and town camps with individuals, families and groups.
1.25The Stronger Futures package, while repealing the NTNER Act, continued the Commonwealth Government’s legislative involvement in managing land reform, food security, alcohol management, and prohibited materials within Aboriginal communities in the NT. It was intended as a transitionary arrangement, to expire after ten years. Over time the package comprised 11separate Acts and associated instruments, including:
- Stronger Futures in the Northern Territory Act 2012 (Stronger Futures Act)—sunset on 17July2022
- Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012
- Part 10 of the Classifications (Publications, Film and Computer Games) Act 1995 (Classifications Act)—sunset on 17 July 2022.
- The three primary measures of the Stronger Futures package were:
- Tackling alcohol abuse
- enabling ‘special measures’ being taken to reduce alcohol-related harm to Aboriginal peoples
- preserving existing protections in alcohol protected areas and enabling these geographic areas to change overtime
- allowing for the development of local solutions, and
- providing for the Commonwealth Minister for Indigenous Affairs to approve alcohol management plans.
- Land reform
- enabling the Commonwealth Government to amend NT legislation relating to community living areas and town camps to provide opportunities for private home ownership and flexible long-term lease arrangements, including for business activities.
- Food security
- enabling ‘special measures to be taken for the purpose of promoting food security for Aboriginal communities’ by modifying community stores licensing arrangements to improve access to fresh and healthy food.
- The Commonwealth Government’s 2012–13 Budget committed $3.4billion over 10years for the Stronger Futures package, split across multiple portfolios:
- $713.5 million (10 years) for primary health care and access to allied health services
- $619.3 million (10 years) to improve community safety, for example policing and Indigenous legal assistance services
- $411.8 million (10 years) to improve school attendance outcomes
- $326.3 million (10 years) to support the wellbeing of children, youth and their families
- $413.4 million (10 years) for remote engagement and coordination to increase the number of Indigenous Engagement Officers, to ensure local services were effective, and to support governance, leadership, local planning and interpreting services
- $206.4 million (10 years) to continue supporting basic municipal and essential services for people living in town camps, outstations and homelands, and
- $54.2 million (four years) to improve housing.
- Funding for support measures tackling alcohol abuse were ‘not for publication’ at the time the 2012–13 Budget was released.
- The NT Government provided $40million in funding towards the Stronger Futures package under the National Partnership Agreement on Stronger Futures in the Northern Territory. The agreement also included provisions for performance monitoring, reporting and evaluation, as well as each government’s roles and responsibilities.
Reviews of the Stronger Futures package
1.30A series of reviews into the Stronger Futures package were conducted between 2013–16 by the Parliamentary Joint Committee on Human Rights (PJCHR), KPMG and MinterEllison.
1.31The PJCHR acknowledged that while the implementation of Stronger Futures sought ‘to reduce disadvantage and promote the equal enjoyment of human rights’, Aboriginal peoples in the NT and other stakeholders had ‘significant concerns about the human rights compatibility of a number of measures’. The PJCHR drew particular attention to the right to self‑determination guaranteed by Article1 of the International Covenants on Human Rights and Article3 of the United Nations Declaration on the Rights of Indigenous Peoples. The Committee further emphasised the ‘importance of ensuring the full involvement of affected communities…in the policy making and policy implementation process’.
1.32The PJCHR made several recommendations concerning alcohol misuse, income management and school enrolment and attendance. This included recommendinga detailed and evidence-based review be undertaken to assess the effectiveness of alcohol restrictions in reducing alcohol-related harm, and that alcohol management plan approvals be streamlined.
1.33For its review, KMPG consulted with the Commonwealth Department of Prime Minister and Cabinet, the NT departments of Local Government and Communities, Health and Licensing, Menzies School of Health Research, Central Australian Aboriginal Congress (CAAC) and Outback Stores. KPMG found that the Stronger Futures package was largely effective during the first three years of operation in reducing alcohol-related harm, supporting greater food security, and granting individual rights and interests in lands, as well as promoting economic development in town camps and community living areas.
1.34MinterEllison drew principally on the report of the House of Representatives Standing Committee on Indigenous Affairs inquiry into the use of alcohol in Aboriginal and Torres Strait Islander communities. MinterEllison found that alcohol misuse had caused and continued to cause harm in Aboriginal communities, but were unable to determine if there had been a reduction, or otherwise, in alcohol-related harm to Aboriginal peoples. Instead, MinterEllison concluded that the scheme established by the Liquor Act 1978 (NT) and Stronger Futures provided an effective framework to regulate the supply of alcohol in the NT.
1.35With the Stronger Futures Act and Part10 of the Classifications Act scheduled for sunsetting on 17 July 2022, the NIAA undertook a review into the package between December2020 and October 2021. The NIAA recommended allowing the Stronger Futures Act and part10 of the Classifications Act to sunset—advising that the Commonwealth Government no longer required ongoing legislative instruments to help address community issues associated with land reforms, food security, alcohol management and prohibited materials. The NIAA further noted that, in its view NTGovernment was well placed to deliver its jurisdictional responsibilities and strategies to address land tenure issues, food security concerns and alcohol misuse.
1.36In its submission, the Association of Alcohol and Other Drug Agencies NT (AADANT) supported self-determination for Aboriginal peoples and communities but said that government was responsible for ensuring that communities were resourced and supported to make informed choices that considered the views of all community members. In AADANT’s view, the Commonwealth Government accepted this responsibility through the implementation of the Stronger Futures package, and particularly the introduction of alcohol management plans.
1.37Equally, AADANT stated that, despite the investment by communities in alcohol management plans, many of these plans remained unaddressed. Moreover, AADANT believed that the sunsetting of the Stronger FuturesAct without the execution of these plans has disenfranchised communities and abrogated the Commonwealth Government’s responsibility.
1.38CAAC put to the Committee that positive effects were realised, including a reduction in alcohol-related harms, as a result of alcohol restrictions, but that this was undermined by the sunsetting of the Stronger Futures Act.
1.39Children’s Ground, while acknowledging the aims of the Stronger Futures Act, said the risks of alcohol-related harm were a manifestation of the impacts of colonisation and ongoing injustices. These risks were present before and during the implementation of the NTNER Act, as well as under the Stronger Futures Act and post its sunsetting. Children’s Ground impressed on the Committee that:
For too long governments have failed to understand that the way to create opportunity and wellbeing for First Nations people is not by adopting Western constructs and systems, but by supporting the First Nations cultural practices that have created prosperity for over 65,000 years.
Committee comment
1.40The Committee acknowledges that Aboriginal and Torres Strait Islander peoples have the right to self-determination, including through various articles under the United Nations Declaration on the Rights of Indigenous Peoples.
1.41The Committee considers that the NTNER and Stronger Futures legislative packages systemically disempowered communities—in their delivery, implementation and transition—causing immense trauma that now requires concerted effort by all levels of government to enable and invest in the re-empowerment of these communities.
1.42The Committee acknowledges the importance of local, community-led initiatives to support sustainable community development.