Northern Territory "National Emergency Response"

In 2007, the former Coalition Government declared a ‘national emergency' in Northern Territory Aboriginal communities, in response to the "Little Children Are Sacred" Report into child sexual abuse in Northern Territory Aboriginal communities.

As part of its "emergency response" the Government enacted the Northern Territory National Emergency Response Act 2007, the Families, Community Services and Indigenous Affairs (Northern Territory Emergency Response and Other Measures) Act 2007 and the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (collectively referred to as the "NTER legislation"). The NTER legislation, among other things, did the following:

• Suspended the operation of the Racial Discrimination Act 1975 (Cth) in relation to most decisions or actions made possible by the emergency response legislation;
• Weakened the Northern Territory Aboriginal lands permit system;
• Banned consideration by Northern Territory criminal courts of the customary laws and cultural background of an Aboriginal offender;
• Compulsorily acquired 5 year leases over more than 70 Aboriginal communities in the Northern Territory; and
• Imposed a compulsory ‘income quarantining' regime on welfare recipients in prescribed Northern Territory Aboriginal communities.

The Law Council, whilst supporting the focus which has now been brought to addressing the disadvantage faced by many Indigenous Australians, has been critical of a number of aspects of the Intervention. The Law Council's concerns are summarised as follows:

In this section

Suspension of the Racial Discrimination Act 1975

Weakening of the permit system

Customary law

Compulsory acquisition of 5 year leases

Income management

Submissions and releases