The Northern Territory government has announced new legislation to make the implementation of curfews easier, after viewing the outcome of the recent youth curfew in Mparntwe/Alice Springs as a "success".
However, the new legislation has been criticised by the the North Australian Aboriginal Justice Agency (NAAJA), who argue there are other, evidence-based initiatives the government could be doing to tackle youth antisocial behaviour without having to resort to curfews.
The Police Legislation Amendment Bill 2024 - to be introduced by the NT government on Thursday - will enable curfews to be enacted more "flexibly."
In a statement, the NT government said the Territory's Police Force will administer the new curfew legislation and "any use of a curfew in the Territory will depend on operational assessments made by Police."
The government argued the legislation used to enact the youth curfew in Alice Spring - the Emergency Management Act 2013 - is unsuitable for a "flexible approach to community safety."
The legality of the recent youth curfew was called into question when the NT police union passed on legal advice to their members they reportedly had been given which alleged the curfews may have been unlawful.
However, no legal challenge took place and the curfew finished on April 16.
NAAJA said they were "alarmed" by the new legislation, arguing it will make it easier to lock down communities.
"We are extremely concerned by the lack of consultation ahead of this decision being taken, especially due to the risk that curfews pose to vulnerable young people," a NAAJA spokesperson said.
"The government seeking to rush through this legislation now seems to be an admission that the Emergency Management Act 2013 was not a proper basis to enact a curfew when it was used in Alice Springs in March this year."
Chief Minister Eva Lawler said whilst they didn't anticipate frequent curfews, they were an option for the police to "keep communities across the Territory safe".
"We've seen the benefits that the Alice Springs Youth Curfew have delivered to residents and businesses, and we want to have the option to use curfews as a circuit-breaker where they are needed," she said.
However, NAAJA argue there is no evidence to support the argument that curfews reduce offending.
"In fact, unnecessary early contact with the criminal justice system increases the chances of a young person having ongoing contact with police and prisons," the NAAJA spokesperson said.
Police Minister Brent Potter said police feedback was that the curfew was successful, and the legislation would allow the government to "replicate that success in other areas of the Territory".
Ms Lawler said a review process to allow the laws to be properly scrutinised would be implemented.
Formally declaring curfews will require steps to be taken by the Commissioner of Police, and any extensions to a curfew will need to be signed off by the police minister.
NAAJA said there remained many unanswered questions around the new legislation.
"What is the threshold for triggering police to enforce a curfew, what are the penalties involved for breaching the curfew, and what is happening to children who are picked off the street and not taken back home?" they asked.
"The long-term impact is likely to be extremely high ongoing costs to taxpayers for police and possibly private security firms to monitor proposed curfews."
The Mparntwe/Alice Springs youth curfew in March was enacted in the wake of violent incidents after tensions surrounding the death of an 18-year-old in a car accident erupted.
A local tavern was attacked, and police reported an estimated 150 people in Hidden Valley community, outside the city, "going armed in public and engaging in violent conduct".
Opinions were divided on the necessity of the curfew, with some groups arguing it acted as a circuit breaker for the town, whilst others - including Amnesty International Australia, NATSILS and NAAJA - criticised the decision as "knee-jerk" and unlikely to help the issue of youth crime.
The Prime Minister previously said that whilst the curfew worked in Alice Springs, it must be carefully discussed before being used elsewhere, stating: "I don't think it's a one-size-fits-all."
"What I don't want is (people saying) 'the prime minister said there should be a curfew in the next town," Mr Albanese said at the time.