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

Funding $587 million this financial year in “additional” money /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 managed FACSIA 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