Skip to content

FaHCSIA home | NTER Review home

Overview of the NNTC’s Submission to the NTER Review

  1. The submission of the NNTC focuses on what is identified in the Review’s documentation as “Measure 6: Housing and Land Reform”. Measure 6 is said to consist of:
    1. Five year lease program
    2. Urgent repairs to infrastructure
    3. Permits
    4. Community Clean Up
    5. Land Compensation
  2. In particular, the submission addresses the interaction of the NTER measures with the Racial Discrimination Act 1975 (Cth) (“RDA”) and the Native Title Act 1993 (Cth) (“NTA”), and the impact of NTER measures on the rights of traditional owners under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (“ALRA”).
  3. The matters of particular concern to the NNTC are:
    • the continuing suspension of the provisions of the Racial Discrimination Act 1975 (Cth) (“the RDA”), and the highhanded approach to Australia’s international obligations in relation to the prohibition of racial discrimination;
    • the doubtful characterisation of many of the NTER measures as “special measures” in light of the failure to consult with the putative beneficiaries of the measures (that is, Aboriginal communities and organisations in the Northern Territory) prior to their enactment in legislation;
    • those provisions which advance a land reform agenda unrelated to the protection of children from those who abuse them, including, in particular, provisions in Division 1 of Part 4 of the NTER Act which provide for the compulsory acquisition by the federal government of five year leases over Aboriginal land, and in Division 2 of Part 4 dealing with the acquisition by the Commonwealth of rights, titles and interests relating to town camps;
    • the denial to Aboriginal people affected by the compulsory acquisition of a five year lease of their land or the resumption and forfeiture of town camps the guarantees in relation to acquisition procedures and procedures for assessing compensation contained in the Lands Acquisition Act 1989.
    • the uncertain and conditional approach to compensation for the acquisition of interests in Aboriginal land;
    • the disapplication of Part 2, Division 3 of the Native Title Act 1993 to 5 year leases and leases of town camps, with the consequent removal of the future acts regime, and the loss to those who hold, or who may hold, native title of the procedural rights afforded to them by the NTA’s future acts regime;
    • the inclusion of so-called “Henry VIII clauses” which permit the Minister to bypass Parliament by preventing a law or provision of a law from applying to Aboriginal land and land in which Aboriginal peoples have interests; and
    • the blanket prohibition on taking into consideration any form of customary law or cultural practice in the exercise of discretion in relation to bail applications and in determining criminal sentences.

Return to top

Racial Discrimination Act 1975 (CTH)

Terms of Reference