Northern Territory Emergency Intervention - Overview & Implementation Guide

1. NT Emergency Intervention Olga Havnen Combined Aboriginal Organisations, NT

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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)

8. 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

9. Where will it apply? • to all Aboriginal people living in prescribed areas including: • ALRA communities – 47 • Community living areas – 16 • Town Camps - 36

10. 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

11. 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

12. 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.

13. 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

14. 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

15. 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

16. 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.

17. 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

18. 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)

19. 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 managed FACSIA Fact Sheet 14

20. 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.

21. 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

22. 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