Michele Madigan

My name but not personal details except state (SA) of residence may be included in any publication of this submission

Procedure: Introduction. Responses to Questions 2, 3, 5, 7, 8, 9. Conclusion

INTRODUCTION

I have followed the Intervention since it was announced under the previous Federal Government on June 21, 2007. At the time and still over a year later, I remain shocked at its far reaching powers. For the second or third time since its 1975 introduction, the Racial Discrimination Act has been suspended. The fact that this can happen at all and that every time that this has happened in our country's history is within an Aboriginal context, says much about the vulnerability of the First Australians under our present structures of governance.

'It's taken the whole control of the life of our people.' Rev Dr Djiniyini Gondara OAM Darwin June 08

We are being told where to shop, what to eat, how to act and how to live. Lyle Cooper, Food Programme Supervisor. Bagot Health Clinic Darwin in Canberra Feb 08

NT Aboriginal Australians that I have met and whose comments/speeches I have heard or read, remain incredulous that such extraordinary changes can be forced on their lives – 'a great undoing of our lives' - with most of the rest of their compatriot Australians scarcely aware of it and certainly ignorant of its extraordinary effects. The build up the previous government made and the tie in to the release of The Little Children are Sacred Report has meant that many non Aboriginal Australians initially and not understanding the details, saw the Intervention as justified. Aboriginal Northern Territorians are even more bewildered that the Government that they voted in to support their basic rights while making some changes, is currently continuing and even extending some punitive aspects of the Intervention.

The letter response about the Intervention from a Government Minister which have I recently received (August 08) stands so at odds with the actual reality that Aboriginal Northern Territorians, particularly those on 'Income Management', are experiencing, that it is hard to grasp that the same situation is being discussed. Is this almost completely different grasp of the present reality because the Federal Government is so reliant for information on the public servants whose numbers have escalated to such a degree as a result of the Intervention? The media, particularly sections of the print media, also seem determined to continue to press an advantage to their own ideological bent by one sided reporting of the 'benefits' of the Intervention.

This Intervention feels like the last nail in the coffin for us in the NT: Walter Shaw, resident of Mt Nancy Town Camp, Alice Springs/ Executive member Tangentyere Council. Canberra Feb 08

With land, communities, organisations, and many personal incomes currently under direct Government control and with threats of Government controlled further forced movements (see Q9 response), the situation is so serious that there will continue to be repercussions from which the people may never recover if the many punitive aspects of the Intervention are not reversed. This fact is integral to my submission. It was and does remain a contradiction that the Intervention said to be enacted for the 'protection and well being 'of Aboriginal children of the Northern Territory has addressed only one of the 97 recommendations of the Little Children are Sacred report including its first and basic recommendation – to work with Aboriginal leaders and communities. The present Federal Government has made a commitment that this, its long promised Review would be evidenced based. Prime Minister Rudd recently (23/8/08) promised the Yolgnu people of Northern Australia that 'we're listening.' This is essential.

QUESTION 2: WHAT ISN'T WORKING?

INCOME QUARANTINING

Income quarantine has led to children – and their families becoming more, not less protected.

Only a few communities have stores registered under the Intervention so those many Aboriginal Northern Territorians on remote communities have to travel long distances to the bigger towns to obtain Centrelink cards and regularly then shop at designated stores.

This constant regular distance travelling is a huge disruption in the life of a family including for the schooling of the children
People must find a vehicle and fuel- payments for car purchase and fuel money can only be accessed out of discretionary funds; extraordinarily difficult on a basic income for such frequent travelling.
If car payments are not kept up, vehicle repossession is inevitable, with further difficulties in finding alternative transport. Alternatively if an old car breaks down the result is the same.
Once in the larger towns the family often do not have enough funds remaining to make the long return trip and so are forced to stay in town. This of course is causing huge pressures on any connected town families. Other families are being forced to camp at already overcrowded reserves such as Bagot Town Camp in Darwin. Other families are being forced to set up camp on the fringes of the larger towns far from essential services such as ambulance. The Intervention is making overcrowding worse. More people living in town camps now. Dianne Stokes. Tennant Creek July 08. The children and their families as well, have thus become much more at risk and in health threatening situations. This must change.
The situation is creating great pressure on the various welfare centres in the larger towns.

The unfair blanket nature of Income Quarantining Measure

(The Income management component.of) ..NTER was to ensure 50% of welfare income was expended on children rather than on alcohol and gambling. This logic...does not explain why quarantining should be extended to both single and aged welfare recipients who may have no dependant minors (aside from the administrative ease of non-discretion.)' Altman & Johns CAEPR Working Paper No 44 p22

Quarantining can give no training in budgeting but only lead to further dependency.

ACCOSS at the 2007 Senate Hearing asked why withholding income from people would somehow enable those people to learn how to manage family budgets as if quarantining were a financial literary 'magic bullet.'Altman and Johns op cit p8

Other Negative Effects of Income Management

Many Aboriginal people report shame and humiliation at having to use the cards. In the face of long queues at supermarkets, they can be harassed by others resentful at being kept waiting by the Aboriginal person in line using the slower compulsory card system.

That some have suggested that a separate supermarket line be compulsory, leads to the conclusion that once a racial discrimination act has been suspended, it's a slippery road leading back to further human rights abuses like further forced segregation.

Fines are only allowed to be paid out of the discretionary half of the Centrelink payment so no payment may result in a custodial sentence. 188 people were arrested in two days one month earlier this year in Alice Springs for non payment of fines. Olga Havnen Red Cross Aust ANU 16/4/0

2. Business managers. The imposition of Business Managers suddenly imposed from the outside with unknown cultural knowledge, training, community knowledge but with complete control over everyone and all community business has been a frightening return to past eras of absolute control.

3. Intervention Strategies for dealing with Child Health - Checks (reportedly 11,000 -Govsource Roseby and Dr Andrew White, experienced NT paediatricians make many points for Intervention improvement in their recent article What we think of the Intervention: two NT paediatricians report 16/6/08

Their 'very great fear' is 'that the millions of dollars spent on child health checks ...has largely been wasted'

'Workers were often unfamiliar with Aboriginal culture, did not have time to establish effective therapeutic relationships and were often inexperienced in dealing with the clinical and social problems they encountered...'
'Most of the health issues looked for in the checks need comprehensive continuous programs from primary health, not once off (or even annual) checks.'
Dental needs – 'dental services – not checks.'

QUESTION 3: HAVE THERE BEEN ANY UNINTENDED CONSEQUENCES

1. As above in Income Management effects

2. 'Humbugging' simply changes its focus.Quarantining also aimed to put a stop to 'humbugging' in which drinkers and others would ask or threaten for money. As the quarantining period has become more prolonged, Olga Haven reports that it's now the cards which have become the object of the humbug – an all or nothing loss. Cards are also being used as gambling chips. Altman and Johns from CAEPR report how this is a common practice in the USA with the similar food stamp system.(op cit p 7)

3. The level of harassment has risen. A well known Yolngu identity who has willingly made his evidence available for public distribution reports, how lately on two separate and closely connected dates, he was harassed by taxi drivers in Darwin. (see reference FD, KM&KM, Darwin June 08)

Bottle shop operators throughout the Territory are as reported by another Darwin woman as exceeding their powers, interrogating and recording Aboriginal people who buy alcohol well under the limit while letting go those non -Aboriginal customers whose purchase of over $100 the new regulations say must be recorded. (op.cit)

QUESTION 5: WHAT PROGRESS HAS THERE BEEN IN IMPROVING THE SAFETY AND WELLBEING OF INDIGENOUS CHILDREN?

Given the stress and problems and even danger of living under Income Management (see above); the wasteful use of funds simply on duplication of health checks rather than follow up treatment; the stress on their families due to loss of control of income, communities and land, the lack of funding basic services for housing, education and health (NAAJA p4), no increase in children and family services or specialist child protectionworkers (NAAJA p5) – it is not surprising that there seems to be little proof that the safety and well being of Indigenous children has improved.

Until there is a huge increase in housing and housing maintenance, thankfully promised, there is no real chance of this – see below.

QUESTION 7: WILL THE NTER LAY THE BASIS FOR A SUSTAINABLE AND BETTER FUTURE FOR RESIDENTS OF REMOTE COMMUNITIES AND TOWN CAMPS IN THE NT

No. See above and below.

QUESTION 8: WHAT ALTERNATIVE MEASURES SHOULD BE CONSIDERED?

1. Encourage Centrepay system and only 'a case by case approach' to Income Quarantining

Olga Havnen from the Australian Red Cross in Darwin points out that before the Intervention, many responsible NT Aboriginal people on Centrelink were using the Centrepay system for paying bills and to great effect. This is a positive, non punitive volunteer system that works.

I support also the recommendation made by the Yolgnu people recently (23/7/08) to Federal Cabinet in Yirrkala that the blanket Income Quarantining is completely unfair and unjustified and must be scrapped. They recommend instead 'a case by case' approach.

2. Partnerships in Health and in other areas of experienced expertise.

Government Intervention needs to seek advice and partnership from health experts and existing services and work alongside them (op cit Roseby & White)

Ear health needs to support existing health services in long term primary health care and focus on young children rather than older children. Dental service funds required.

And in corollary – in the words of the Yolgnu who met with the Federal Cabinet at Yirrkala July 08 - stop taking advice from self appointed 'experts' (Aboriginal or nonAboriginal) who know very little about our communities, our culture, what we value or our circumstances

3. Repeal of the 5 year lease provisions. The 2007 NTER legislation simply took land held by freehold title from the legitimate owners. This unethical act would simple be unallowable for any other group in Australia. What has this to do with the protection of little children, many have rightly asked. The current Federal Government must restore its own integrity by repealing this and ' enter into serious negotiations with land councils.' Yolgnu people to Federal Cabinet NT July 2008 See No 9 below for the benefit of living on country

4. Full Reintroduction of CDEP – the Aboriginal Work programme- in all communities. (Currently restored in 32 communities ) An Acknowledgement that within Aboriginal communities and areas, towns as well as settlements it is particularly suited to Aboriginal needs and purposes. Well supervised it makes a complete difference to an area with the adults having employment and the dignity that goes with that. Restoration of the many services and economic ventures that were and are possible with CDEP and CDEP 'top up'

5. Working in partnership with Aboriginal Councils rather than centralised control from Government Business Managers

6. Housing a genuine priority

The right to shelter is a basic human need. It was a relief to hear on Apology Day the Prime Minister's commitment to Housing- surely the single most essential long term need to ensure the safety and protection of NT Aboriginal children and the well being of all Aboriginal people in the Territory as elsewhere in Australia. There is a huge backlog of housing required to ensure that the stress and poverty average of twenty or more people per house will changed to a situation which enables all people to live in basic dignity. A solid commitment of funds and strategies for the building or transportation and maintenance of suitable and sufficient housing is required The large town camps need is illustrated by the situation in Bagot Reserve Darwin In February, 08 camp residents reported that there were only 57 houses, three due to be demolished with one place housing nine separate families. Only one in five had either a stove or a refrigerator. The situation has become far worse as many people were forced by the Income Quarantining to remain in town (see above) greatly adding to the usual 400 or so residents.

Tennant Creek So many living in one house. Some of us, we sleep outside. Three old people sleep in a cage here. They got nowhere to stay because that Intervention brought them into town and they can't leave.' (IRAG Roll back the Intervention 4/08/08)

QUESTION 9: ARE THERE OTHER WAYS OF WORKING THAT WOULD BETTER ADDRESS THE CIRCUMSTANCES FACING REMOTE COMMUNITIES AND TOWN CAMPS?

FUNDING OF ON THE GROUND SERVICES

The wastage of funds on bureaucratic implementation of the many negative aspects of the Intervention spent instead on positive on the ground long asked for and desperately needed services by responsible service providers like Danila Dilba in Darwin, Tangentyere Council in Alice Springs and many other local Aboriginal run services.

It's been quoted that it costs $3000 per year to administer a Centrlink payment of $10,000 pa. That the NT economy is booming at 7% is largely due to the Intervention Strategies which pay large amounts to the public servants for their implementation What a tragedy the children and people who need the funds (see above) aren't such recipients

ENCOURAGEMENT OF HOMELANDS

The Government is making a serious pledge in the Closing the Gap commitment in the NT as elsewhere. However there must be a realistic look at the big picture if this commitment is to have any hope of even coming close to achievement. Simply ensuring people have funds for sufficient medication and surgical intervention will never do it.The Gap will never close if crippling and short sighted economic rationalism forces hundreds into only large communities in a frightening replay of the government strategies of the forties and fifties of last century

I and many others ( Dr Campbell/ Dr Jocelyn Davies Research Address to Garma Festival NT 11/8/08) have seen for ourselves the difference it makes to communities and families and of notably children when they are living in homelands settlements. The strengthening of identity and pride and connection to country. The flourishing of physical, emotional and spiritual health and well being that comes from the enlivening carrying out of hunting, gathering and other cultural activities. The flourishing of some of the oldest languages in the world – Australian heritage. All these attributes the Prime Minister praised in his Apology speech. Such praise and pride in the oldest living culture in the world must be made authentic by the Government's determination to ensure the environment for these to flourish and be preserved. Dr Campbell said healthier communities translated into lower costs for medical treatment /hospitalisation

RESTORATION OF THE RACIAL DISCRIMINATION ACT

COMMITMENT TO THE 97 RECOMMENDATIONS OF THE LITTLE CHILDREN ARE SACRED REPORT

Above all people need to be treated with respect, acknowledged and given restitution of their rights and property and honoured place in Australian society

I welcome this Review which, if as the Government is promised, is evidenced based, cannot fail to lead to a significant roll back of the punitive aspects of the Intervention

Thank you for the chance to contribute to the NTER review

Michele Madigan

References

Havnen Olga. Address at the ANU CAEPR 16/4/08 The Intervention

Roseby and White. What we think of the Intervention:two NT paediatricians report.

Altman and Johns.Working paper 44 CAEPR ANU 2008

Millikan Rachel, Havnen Olga and others: Addresses, National Intervention Tour 2007

Northern Australian Aboriginal Justice Association (NAAJA). NT Intervention One Year On

Djirrimbilpilwuy Frank, Mills Kathy and Mills Ali.Darwin June 21, 2008 the NT Intervention

IRAG Roll back the Intervention Interviews with Tennant Creek Aboriginal people July 08

Campbell and Davies National Indigenous Times August 2008

Yolgnu people. 25 Points to the Federal Cabinet 23/7/08 Yirrkala NT Koori Mail 30/08/08 (p7)

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