NT Emergency Intervention

Olga Havnen Combined Aboriginal Organisations, NT

Overview• NT context• Legislation and funding• Land – 5 year leases & permits• Governance Changes/ Business Managers• Alcohol and Pornography• Bail and Sentencing• Welfare Reform – Income Management /

CDEP• Community Stores• Racial Discrimination Act

NT context

High number of short term residents

40% turnover in voting population between elections

No interest or long term commitment to NT’s future

Know little about Aboriginal people or needs

NT context

30% of NT’s population (12.5%

national) - 40,000

38% Territory’s Aboriginal

population children under 15 yrs

40% increase in remote areas past

20yrs

NT context ..cont’d

641 discrete communities

9 towns (1,000 – 2,000+)

50 communities (200-999)

570 communities <200

72% NT Aboriginal population lives on

Aboriginal lands outside urban centres

Legislation Northern Territory National Emergency Response Act,

2007

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008

Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008

Funding

$587 million this financial year in “additional” money - 2007/2008 (Minister 7/8/08)

700+ new public service positions

$88m Income management

“The emergency measures will last for up to five years while longer term approaches develop.” (23/8/07 FACSIA)

What does it do?

Acquisition of land / property Changes to permit system Management of communities Welfare & other income support community stores Sentencing in Criminal law and bail Alcohol and pornography

Where will it apply?

to all Aboriginal people living in

prescribed areas including:

ALRA communities – 47

Community living areas – 16

Town Camps - 36

5 year leases – acquisition dates

Communities will be in three groups: Group A – acquired at commencement Group B – communities in NLC/TLC

region at a date to be proclaimed Group C – communities in CLC region at

a date to be proclaimed. Other communities will be added by

disallowable instrument

5 year leases Freehold title remains with traditional

owners but Minister has right of exclusive possession of community area

Minister will control who can live in the community under the 5 year lease

Minister may/may not pay rent - his decision

5 year leases cease if 99 yr lease negotiated

Native title suspended

Compensation to Land Owners

Compensation for the taking of 5 year leases will be paid to traditional owners if required by the Australian Constitution

As we are a Territory existing High Court case law is that compensation doesn’t have to be paid in a Territory

NT Law Self Government Act changed so that compensation not required unless High Court says it is required by the Constitution.

Governance

Australian Government has existing powers through funding agreements and rights as leaseholders over the land and fixtures.

The powers are reserve powers intended to ensure rapid improvements in the prescribed communities.

Delegations will be held at very senior levels

Governance …cont’d

Giving directions to entities delivering government funded services in relation to non-fixed assets.

Giving directions to entities to perform specific tasks or actions.

Appointing external managers to Community Government Councils and incorporated associations

Non-voting observers can be appointed to service organisations in relevant communities

Governance …. cont’d

Termination of AG funding agreement in the absence of a breach of conditions

Vary funding agreements without consent of the funding recipient

These powers to be exercised by the AG agency responsible for the funding agreement

Pornography – Computer audits

It will be an offence if the person in control of a publicly funded computer fails to: 

install, and keep in place, a content filter; maintain an acceptable use policy; keep records that identify each user; undertake regular audits; and provide to the Australian Crime Commission

the outcome of any audit undertaken.

Compulsory Income Management

Covers all welfare benefits including Social security benefits

Social security pensions

ABSTUDY

Defence Service pensions

Income support

Defence force income support allowance

Compulsory Income Management

Gov’t Department will take out 50% of welfare benefit in a listed community for next 12 months

Will apply to everyone living in a prescribed community

No right to appeal – SSAT or AAT (internal review only)

Compulsory Income Management

For 12 months, half of all income-support and family-assistance payments will be income managed - money can be spent only on food, rent and other essential items

Only the Minister has power to ‘exempt’ people from these arrangements

One hundred per cent of advances, lump sums and baby bonus installments will be income managedFACSIA Fact Sheet 14

CDEP reforms

CDEP will be phased out in the Northern Territory by 30 June 2008, with participants moved to income support.

changes will occur on a community by community basis.

CDEP provider will be issued with a transition date at which time CDEP Scheme participants will cease to be paid CDEP Scheme payments.

Community Stores

6 month licences will be issued to community stores that:

are able to participate in the requirements of the income-management scheme

have a reasonable quality, quantity and range of groceries and consumer items, including healthy foods

can demonstrate sound financial structures, retail practices and governance.

Minister can take over store if cant meet licensing conditions

FACSIA Fact sheet16

Racial Discrimination Act Government say the laws are not

discriminatory

Intervention law says the RDA sections 9 & 10 that make discrimination unlawful and NT Anti-Discrimination Act won’t apply

Government says the Northern Territory emergency response is a ‘special measure’ and for the benefit of the affected Aboriginal people