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Appendix 11 - Overview of NTER measures and sub-measures

Measure 1: Welfare reform and employment

Overview

The Welfare reform and employment measure consists of five sub-measures:

  1. Income management and community stores
  2. Increased participation opportunities for people on income support in remote communities
  3. CDEP transition to jobs and employment services
  4. Active school participation
  5. Community Employment Brokers.

Of these, sub-measures (i) and (iii) were supported by specific legislation.3

Income management, administered by Centrelink, 'quarantines' a specific amount (usually 50 per cent)4 of a person's welfare entitlement. The amount quarantined can only be used for acquiring goods and services to meet specified'priority needs'5, and cannot be used to buy alcohol, tobacco, pornography or gambling services. Income management only applies to individuals who receive certain welfare payments (such as social security benefits and pensions, certain payments under the ABSTUDY scheme, service pensions, income support supplement and Defence Force Income Support Allowance6).

The objective of the former government's changes to CDEP (provided for in amendments made by the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007) was to phase out CDEP. The intention was to progressively replace it with other employment services such as real jobs, training or Work for the Dole. Remote area exemptions were also lifted from job seekers from July to December 2007.

In December 2007 the new government placed a moratorium on the phasing out of CDEP and in April 2008 announced the reintroduction of CDEP as an interim measure, pending reform of the program.

The role of Community Employment Brokers (CEBs) is to coordinate the delivery of employment-related services andto help find people jobs.

Measure 2: Law and order

Overview

The overall objective of this measure, in the words of the then Minister, was to address a situation in Aboriginal communities 'where basic standards of law and order have broken down and where women and children are unsafe'.7

The law and order measure consists of seven sub-measures:

  1. Alcohol, drugs and pornography
  2. Increased police presence in communities
  3. National Indigenous Intelligence Taskforce
  4. Child Abuse Desk
  5. Northern Territory Aboriginal Interpreter Services
  6. Expansion of Northern Territory night patrol services
  7. Additional legal services for Indigenous Australians.

Of these, the alcohol8 and pornography9 sub-measures were supported by specific legislation.

Alcohol, drugs and pornography: The NTER provides for widespread alcohol restrictions banning people having, selling, transporting and drinking alcohol in prescribed areas and enacting harsh penalties. Additionally, people across the Northern Territory are now required to show photographic identification, have their address recorded and declare where the alcohol is going to be consumed if they want to buy a substantial amount of takeaway alcohol.10 The intention was to ensure actions leading to the supply of alcohol to communities can be followed up and addressed.

The changes related to pornography were two-fold. A ban on pornography in prescribed areas was introduced, giving police powers to seize and destroy prohibited material. A scheme of accountability intended to prevent and detect misuse of publicly funded computers located in the prescribed areas within the Northern Territory was also imposed. It includes new requirements11 on people in control of publicly funded computers and requires that a computer audit be done to determine whether the computers contain illegal material, or have been used to access it.

The Board notes that there is currently a Bill before the Australian Parliament that, if passed, will restrict the provision of pay television services containing classified material in certain prescribed areas, but only at the request of, and after consultation with, the relevant community and an assessment that there would be benefit in such action. It is worth noting that the restrictive measures in the Bill will only be imposed with the consent of the community. This approach is in stark contrast to measures introduced in 2007, in that it engages the community as a partner in combating children's exposure to illicit material. The change in approach is welcome.

There was also an initiative involving placing signs in communities about the alcohol and pornography restrictions.

Increased police presence in communities: The NTER provides for more police and police stations, and gave police additional powers. The Australian Federal Police (AFP) and state police forces have provided additional police officers, who work closely with Northern Territory police and are under their command.

National Indigenous Intelligence Taskforce (NIITF): The NIITF was authorised by the Australian Crime Commission (ACC) Board on 13 July 2006. It is jointly resourced, operating across all jurisdictions and includes the AFP and the Australian Institute of Criminology. Its primary aim is to provide key stakeholders with a better understanding of crime in Indigenous communities and what is driving that crime.

Child Abuse Desk: The NTER provided funding to the ACC to explore the establishment of a national Child Abuse Desk to be part of the Australian Criminal Intelligence Database (ACID) which would be accessible to all law enforcement agencies. The Board has been advised that funding has not been provided for this initiative for 2008–09. The ACC is currently seeking alternative funding to renew this project.12

Northern Territory Aboriginal Interpreter Services: The implementation of law and justice measures under the NTER created an anticipated higher demand on the existing resources of Northern Territory Aboriginal Interpreter Services. The aim of this sub-measure was to respond to this increased demand.

Expansion of NT night patrol services: There are additional funds for night patrol services so that they can be extended to all 73 communities under the NTER. Night patrols are a community-generated response to anti-social behaviour, and were already in place in some communities.

Additional legal services to Indigenous Australians: This sub-measure was included because it was expected there would be an increase in the legal assistance needs of Indigenous people in the Northern Territory arising from the NTER. The assistance targets high need clients (for example, women, domestic violence victims, Indigenous males or females).

Measure 3: Enhancing education

Overview

The Enhancing education measure consists of five sub-measures:

  1. Additional classrooms
  2. Accelerated literacy program
  3. School nutrition program
  4. Volunteer teacher initiative
  5. Quality teaching package.

These sub-measures did not have statutory backing and were provided for administratively.

The additional classrooms sub-measure was aimed at providing 'additional classrooms in schools where increased enrolment and attendance may place pressure on existing infrastructure'.

The rationale for the accelerated literacy program sub-measure was to give additional funding support to Northern Territory education providers to help them manage the anticipated increases in school enrolment and attendance as a result of the NTER. The objective was to put in place a number of regionally based specialist teams to provide professional development training to improve literacy and numeracy for Indigenous students in remote communities.

The objective of the quality teaching package is to 'provide training, mentoring, in-classroom support and the acquisition of additional teaching skills through professional learning and training incentives'.

The school nutrition program, which provides breakfast and lunch, aims indirectly to redress enrolment and attendance problems in schools in Indigenous communities. According to the Australian Government, the rationale was drawn from the Little Children are Sacred report which recommended that a school nutrition program be established.

Measure 4: Supporting families

Overview

This measure is intended to ensure that crucial services to support families are available in Aboriginal communities. It consists of four sub-measures:

  1. Children's services and family support (crèches, playgroups and early childhood services)
  2. Child-at-risk workers for Northern Territory Child Protection Services
  3. Safe place for families escaping family violence
  4. Youth alcohol diversionary services.

Under the NTER up to 10 new crèches are being established in priority communities which have little or no early learning and child care services for children under five years. Funding is also being provided for upgrades for up to 16 existing crèches with identified urgent health and safety concerns.

Providing resources for child-at-risk workers responded to issues raised in the Little Children are Sacred report.

Safe houses in 16 remote communities are being established or expanded under the NTER, and funding is being provided to expand safe houses in Darwin and Alice Springs.

The Little Children are Sacred report and the 2006 Senate Community Affairs Committee report Beyond Petrol Sniffing: Renewing Hope for Indigenous Communities indicated the importance of youth diversionary services to reduce the alcohol and substance misuse by young people in communities.

Measure 5: Improving child and family health

Overview

The Improving child and family health measure consists of three sub-measures:

  1. Child health checks, medical follow-up and treatment
  2. Child special services
  3. Drug and alcohol response.

None was expressly supported by legislation. The Australian Government provided additional funding to existing programs and established coordination centres to deliver those services.

The aim of the child health checks was to detect, treat or refer children found to have clinically significant problems. The child health checks were to be based on existing checks available to Indigenous children aged 15 years or under through Medicare (Medical Benefits Scheme (MBS) item number 708).

The child special services sub-measure was intended to 'provide specialist counselling and support services for Aboriginal children and their families dealing with the affects of child abuse and trauma'. Like other measures relating to health and family matters, the rationale for this objective was drawn from the Little Children are Sacred report, which referred to the need to support children who have suffered abuse-related trauma and to also provide support to families.

The drug and alcohol sub-measure intended to expand alcohol and other drug treatment and rehabilitation services. It was expected that the new alcohol restrictions would increase the demand for such services.

Measure 6: Housing and land reform

Overview

This measure consists of five sub-measures:

  1. Five-year lease program
  2. Urgent repairs to infrastrucure
  3. Permits
  4. Community clean up
  5. Land compensation.

The primary objective was for the Australian Government to take possession and control of the larger Aboriginal communities through the compulsory acquisition of the land area by the grant of an exclusive five-year lease to the Commonwealth of Australia.

This was done to 'improve living conditions', 'reduce overcrowding' and build more houses by providing for Australian Government control of the land and 'unfettered access'13 where the townships exist 'for a short period of time'.

The measure also includes statutory changes to the permit system that controls general access to communities on Aboriginal land and addresses issues of compensation and rent arising from the Australian Government compulsorily taking five-year leases over Aboriginal townships.

The five-year leases were intended to provide a platform to support five key NTER programs in communities.14 These are:

Government control over houses on Aboriginal land is provided for by two key legislative provisions in the Northern Territory National Emergency Response Act 2007 (the NTNER Act). First, the five-year lease held by the Commonwealth as mentioned above, and second, new statutory rights under the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA). These rights mean the Commonwealth or Northern Territory Government can access and own infrastructure and buildings on Aboriginal land that are newly constructed or substantially upgraded.15

The statutory rights were intended to be a permanent change to the law. They apply only when the traditional owners of the land give their informed consent in accordance with the ALRA.16

The original intention of the compulsory five-year leases was to enable urgent maintenance and upgrading of existing housing and infrastructure. The longer term objective was to make future funds for Aboriginal housing dependent on the grant of a long-term lease by the Aboriginal owners to the Australian Government, so securing control over the housing and infrastructure assets.17

Measure 7: Coordination

Overview

The Coordination measure has the following seven sub-measures:

  1. NTER Taskforce
  2. Government Business Managers (GBMs)
  3. Operations Centre
  4. Community engagement and volunteering
  5. Temporary accommodation of whole-of-government staff
  6. Commonwealth Ombudsman support for NTER
  7. Logistical support for NTER.

The primary objective of the Coordination measure was to provide administrative, logistical and other procedural support for the implementation of the other NTER measures. None of these sub-measures is directly supported by legislation. However, Part 5 of the NTNER Act contains powers intended to assist the Australian Government address business management in communities affected by the NTER.

The legislation recognised that continuing and improving services such as housing construction and maintenance, community services and various types of municipal services such as waste collection and road maintenance, is a necessary step towards effectively addressing other problems experienced in these areas.

Government Business Managers (GBMs) were to work with local people to help things run smoothly, implement the emergency measures and ensure government services are delivered effectively and to enable local people to talk to the Australian Government directly, where they live.

Powers introduced through Part 5 of the NTNER Act to support business management, include the power to:

Broadly speaking, these powers can only be exercised in relation to community government councils, incorporated associations and Aboriginal and Torres Strait Islander corporations that have been funded to provide services in certain areas known as 'business management areas' (which include the areas covered by five-year leases and the prescribed areas).

It is also important to note that these powers are not vested in GBMs personally. On the contrary, the powers are vested in the Commonwealth and the Minister.

The powers in the legislation were to be exercised only as a last resort in situations where normal processes of discussion and negotiation had failed, or where community organisations were unable or unwilling to make the necessary changes to benefit their community and their children.

  1. The welfare reform measures were enacted in the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007. Among other things, this Act inserted a new Part 3B into the Social Security (Administration) Act 1999 (the SSA Act), which provided for income management. The administrative provisions relating to the licensing of community stores were provided for in Part 7 of the Northern Territory National Emergency Response Act 2007.
  2. The amount deducted varies according to the category of welfare payment concerned.
  3. 'Priority needs' include food, non-alcoholic beverages, clothing, footwear, basic personal hygiene items, basic household items, housing (including rent,home loan repayments, repairs), health, child care, education, funerals and transport connected with priority needs (set out at s. 123TH of the SSA Act).
  4. Income management applies to a person who receives a category A, D, H, P or R welfare payment (a trigger payment). The various categories of relevant welfare payments are defined in s. 123TC of the SSA Act. Family tax benefit (FTB) is not a trigger payment, but FTB may be able to be income managed if a person to whom FTB is paid is subject to the income management regime. The payments that can be income managed depend on the basis on which a person is subject to the income management regime: see Division 5 of Part 3B of the SSA Act. CDEP wages do not fall within any of the relevant categories of welfare payments and cannot be income managed.
  5. Hansard, House of Representatives, Tuesday, 7 August 2007 p. 10, accessed at http://www.aph.gov.au/hansard/reps/dailys/dr070807.pdf
  6. Part 2 of the Northern Territory National Emergency Response Act 2007 (Cth) modified provisions of the Liquor Act (NT), Liquor Regulations (NT) and the Police Administration Act (NT) and imposed new requirements on the Northern Territory Licensing Commission in order to give effect to restrictions on possessing, consuming, selling and transporting alcohol in prescribed areas. The previous government amended the alcohol measures in the Northern Territory National Emergency Response Act 2007 (Cth) via the Northern Territory National Emergency Response Amendment (Alcohol) Act 2007 (Cth), which changed the application of alcohol prohibitions and defences and the record keeping requirements for takeaway sales.
  7. Part 3 of the Northern Territory National Emergency Response Act 2007 (Cth) imposed an accountability and auditing regime for publicly funded computers in prescribed areas. Further, the Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 (Cth) inserted a new Part 10 in the Classification (Publications, Films and Computer Games) Act 1995 (Cth), which introduced a ban on pornography (known as prohibited material) in prescribed areas.
  8. This requirement applies to takeaway sales involving $100 or more of alcohol, or more than five litres of wine either in a single container, or two or more containers of at least 2 litres each.
  9. The specific requirements relate to: (i) installing, and keeping in place, a content filter designed to prevent, and record, access to illegal material; (ii) maintaining an acceptable use policy covering all users and confirming that all use will be audited; (iii) keeping records that identify each user; (iv) undertaking six monthly audits of material on, or accessed by, the computer; and (v) providing to the Australian Crime Commission the outcome of any audit undertaken.
  10. FaHCSIA Submission (203) and advice received from ACC
  11. Explanatory Memorandum to the NTNER Act, p. 26
  12. FaHCSIA submission to the Review Board, p. 59
  13. See the new Part IIB of the Aboriginal Land Rights (Northern Territory) Act 1976 inserted by the Families, Community Services and Indigenous Affairs and other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 Schedule 3.
  14. See ss.20U and 23(3) of the Aboriginal Land Rights (Northern Territory) Act 1976.
  15. The NTNER legislation and ALRA allows for the traditional owners to grant a s. 19 or s. 19A lease over the same area as the five-year lease. On the grant of such a lease, the five-year exclusive possession lease currently held by the Commonwealth would terminate. In addition, the Commonwealth may terminate a five-year lease at any time before it is due to expire.

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Appendix 12

Appendix 10