Appendix 1 - Northern Territory Emergency Response Context
The Northern Territory Emergency Response (NTER), otherwise known as the 'Intervention', was announced on 21 June 2007 by the former Australian Government and was given in principle bipartisan support by the then Leader of the Opposition. The stated aims of the NTER measures were to protect children and make communities safe, as well as create a better future for Aboriginal communities in the Northern Territory.
The Intervention was announced in the wake of the Little Children are Sacred report, commissioned by the Northern Territory Government. The Australian Government indicated that the NTER was a response to the child sexual abuse and potential neglect issues raised, but it was not directly responding to the individual recommendations of the Little Children are Sacred report. It judged that an immediate and urgent response was needed, which was different to earlier responses.
In addition to numerous other reports and allegations of violence and child abuse in Northern Territory Aboriginal communities, the NTER was preceded by a number of other initiatives and reports including:
- In 2002 the Productivity Commission developed a policy framework, 'Overcoming Indigenous Disadvantage', which governments are still required to report against.
- The Council of Australian Governments (COAG) agreed to a National Framework on Indigenous Family Violence and Child Protection in 2004.
- The Australian Government, through COAG, convened the Intergovernmental Summit on Violence and Child Abuse in Indigenous Communities in June 2006.
- In July 2006 the Australian Crime Commission Board authorised the National Indigenous Violence and Child Abuse Intelligence Task Force to address issues raised by the Intergovernmental Summit.
- COAG also agreed to a number of other measures such as:
- more resources for policing in very remote areas and to establish joint strike teams to work in remote Indigenous communities where there is evidence of endemic child abuse or violence
- investment in community legal education for Indigenous people to ensure they were informed about their legal rights and were encouraged to report incidents of violence and abuse
- further support for communities seeking to control access to alcohol and illicit substances at a local level and resources for drug and alcohol treatment and rehabilitation services in regional and remote areas
- trialling of an accelerated roll-out of the Indigenous child health checks in high need regions with locations to be agreed on a bilateral basis.
- The Australian Government has also been exploring the potential of land reform to deliver economic activity and benefits. A program of 'strategic interventions' was being undertaken in individual communities in the Northern Territory and elsewhere to improve infrastructure and housing, school attendance and to increase economic participation.
- In November 2006 the government announced that options for income management would be explored and discussed with states and territories as one tool in tackling alcohol and substance misuse and child protection issues in communities.
- The government had offered logistical and other support to the Western Australian Government to help tackle child abuse in Western Australia and had been working with the Queensland Government and Indigenous leaders in Cape York to address welfare dependency and social dysfunction.
Despite all of this there has been little improvement, as evidenced by the need for the Intervention.
The Intervention
The government's intention was for the NTER to have three key phases:
- stabalisation - the first year to 30 June 2008
- normalisation of services and infrastructure—years 2 to 5, 2009—12
- longer term support to close the gaps between these communities and standards of services and outcomes enjoyed by the rest of Australia. Initial legislation for the NTER, passed in August 2007, included:
- Northern Territory Emergency Response Act 2007—dealing with alcohol bans, audit of computers for prohibited material, the acquisition of land and property, business management in communities, bail and sentencing laws, and measures in relation to community stores
- Social Security and Other Legislation Amendement (Welfare Payment Reform) Act 2007—dealing with measures in relation to welfare reform
- Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007—dealing with law enforcement, infrastructure, the permit system and prohibited material.
The government announced that all Aboriginal children under 16 would undergo a child health check. There would be increased policing levels, more resources for night patrols and safe houses. There would be funding for additional classrooms. It was planned to abolish CDEP in the Northern Territory.
The various NTER measures apply by reference to 'prescribed areas' (defined in the Northern Territory National Emergency Response Act 2007). Prescribed areas include:
- Aboriginal land (defined under the Aboriginal Lands Rights (Northern Territory) Act 1976)
- Town camp areas (declared under the Northern Territory National Emergency Response Act 2007)
- Aboriginal community living areas (a form of free hold title issued to Aboriginal corporations by the Northern Territory Government)
- other areas declared by the Commonwealth Minister to be a prescribed area.
Within the prescribed areas there are 73 Aboriginal communities targeted for intensive application of the NTER measures. These communities generally have more than 100 residents and include 64 communities that became subject to compulsory five-year leases to the Commonwealth of Australia. Some of the critical and sensitive measures, for example the introduction of income management, also apply to smaller communities such as outstations as well as to town camps that fall within prescribed areas.
The Northern Territory Government response
The Northern Territory Government stated its support for the objectives of the Northern Territory Emergency Response but raised concerns about:
- the abolition of permits and CDEP
- the practical implementation of alcohol restrictions
- issues surrounding compulsory five-year leasing
- blanket welfare quarantining
- service duplication arising from some aspects of the child health checks
- lack of effective engagement with Aboriginal communities affected by the NTER.
During the first 12 months of the NTER the Northern Territory Government entered into four memoranda of understanding with the Australian Government in the key areas of employment, education, housing and health. There was also a high level of cooperation in the area of policing and the Northern Territory has been represented on the NTER Operations Group and NTER Taskforce. Additionally, in August 2007 the Northern Territory released its 'Closing the Gap of Indigenous Disadvantage: a Generational Plan of Action'.
Changes to the NTER
When the Indigenous Affairs Minister, the Hon Mal Brough, originally announced the Intervention, it included compulsory health checks for Aboriginal children. This was swiftly changed to voluntary checks following criticism by individuals, community organisations and many in the health profession.
The current Australian Government has continued its support for the NTER, subject to several changes.
First, following a moratorium on the phasing out of CDEP in the Northern Territory, the government decided to restore CDEP from 1 July 2008 as an interim measure in those communities where it had ceased. It also committed to reform CDEP.
Second, the government promised to reinstate the permit system, with the exception of allowing journalists and government contractors to enter Aboriginal communities without permits to carry out their work.
Third, it introduced provisions to ban R-rated subscription television services in prescribed areas.
The Families, Housing, Community Services and Indigenous Affairs and Other Legislation (Emergency Response Consolidation) Bill 2008 is intended to give effect to the permits and television services changes. It is currently before the Australian Parliament.
Summary of NTER measures and sub-measures
Measure 1: Welfare reform and employment
- 1.1 Income management and community stores
- 1.2 Increased participation opportunities for people on income support in remote communities
- 1.3 CDEP transition to jobs and employment services
- 1.4 Active school participation
- 1.5 Community Employment Brokers
Measure 2: Law and order
- 2.1 Alcohol, drugs and pornography
- 2.2 Increased police presence in communities
- 2.3 National Indigenous Intelligence Taskforce
- 2.4 Child Abuse Desk
- 2.5 Northern Territory Aboriginal Interpreter Services
- 2.6 Expansion of NT night patrol services
- 2.7 Additional legal services for Indigenous Australians
Measure 3: Enhancing education
- 3.1 Additional classrooms
- 3.2 Accelerated Literacy Program
- 3.3 School Nutrition Program
- 3.4 Volunteer Teacher Initiative
- 3.5 Quality Teaching Package
Measure 4: Supporting families
- 4.1 Children's services and family support (crèches, playgroups and early childhood services)
- 4.2 Child-at-risk workers for NT Child Protection Services
- 4.3 Safe place for families escaping family violence
- 4.4 Youth Alcohol Diversionary Services
Measure 5: Improving child and family health
- 5.1 Child health checks, medical follow-up and treatment
- 5.2 Child special services
- 5.3 Drug and alcohol response
Measure 6: Housing and land reform
- 6.1 Five-year lease program
- 6.2 Urgent repairs to infrastructure
- 6.3 Permits
- 6.4 Community clean up
- 6.5 Land compensation
Measure 7: Coordination
- 7.1 NTER Taskforce
- 7.2 Government Business Managers
- 7.3 Operations Centre
- 7.4 Community engagement and volunteering
- 7.5 Temporary accommodation of whole-of-government staff
- 7.6 Commonwealth Ombudsman support for NTER
- 7.7 Logistical support for NTER