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 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
