Nt emergency Intervention Olga Havnen Combined Aboriginal Organisations, nt

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 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