NT Emergency Intervention

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 NTs
  future
• Know little about Aboriginal people or needs

4
NT context

• 30 of NTs population (12.5 national) -
  40,000
• 38 Territorys Aboriginal population children
  under 15 yrs
• 40 increase in remote areas past 20yrs

5
NT context ..contd

• 641 discrete communities
• 9 towns (1,000 2,000)
• 50 communities (200-999)
• 570 communities lt200
• 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 doesnt 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 contd

• 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 . contd

• 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

• Govt 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 wont apply
• Government says the Northern Territory emergency
  response is a special measure and for the
  benefit of the affected Aboriginal people