Police powers, prison privatisation won't help community safety - NAAJA

Dechlan Brennan
Dechlan Brennan Published February 20, 2025 at 12.30pm (AWST)

Australia's largest Indigenous legal service has raised concerns about the new CLP government, highlighting new legislation to expand police powers and steps towards privatising prisons.

It comes as the crackdown on crime has seen more than one per cent of the state's population incarcerated, with new laws targeting bail, youth crime and public drinking all implemented, and corrections staff openly criticising the government for the conditions they and prisoners are being forced to occupy.

The Police Administration Legislation Amendment Bill 2025 will give police numerous new powers, including entering premises to arrest individuals in breach of parole, conduct alcohol and drug testing of individuals subject to domestic violence orders (DVO).

The government says the new powers would not allow police to enter a private property for the latter without consent.

"Community safety remains our highest priority. This Bill ensures that police have the appropriate legal authority to act decisively against individuals who pose a risk by breaching their parole or DVO conditions," Chief Minister Lia Finocchiaro said.

On Thursday, the North Australian Aboriginal Justice Agency (NAAJA) said whilst they welcomed the focus on addressing the epidemic of domestic violence in the NT, any expansion of police powers must have proper "consultation, scrutiny and robust oversight".

"These expansions of powers always have a disproportionate impact on Aboriginal Territorians," a NAAJA spokesperson said.

"Efforts to address domestic violence in the Northern Territory should align with recommendations from the Coroner in response to a recent coronial inquest into the deaths of four Aboriginal women, who passed away as a consequence of domestic violence."

The Correctional Services Legislative Amendment Bill 2025 was also passed in parliament last week as the government attempted to negate the criticism from corrections staff over the overcrowding in prisons across the NT.

It led to Northern Territory Police Association's (NTPA) president, Nathan Finn, saying last month it was only a matter of time before someone died in custody, whilst staff shortages have seen a cancellation of close to 50 per cent of family violence treatment programs in prison.

The legislation will give the Commissioner of Corrections the authority to appoint Special Officers which allow interstate corrections staff and "qualified external correctional services providers" to work in NT prisons.

NAAJA said it represents a "shift towards the privatisation," and gives contractors the same powers as corrections officers, including the use of "physical force, restraints, and weapons".

"The onus is now on the contractor, not the government, to ensure that privately contracted personnel taking on corrections responsibilities will have the required training and certification prior to commencing in their roles," a spokesperson said.

"NAAJA is concerned that poorly trained and underqualified privately contracted staff will become responsible for prisoners in extremely challenging situations, which will create high risks for both the prisoners and staff. Furthermore, there will be limited options for legal recourse should something go wrong."

Corrections Minister Gerard Maley defended the changes, saying it gave the Commissioner "powers to draw on surge capacity where needed, it will reduce fatigue and ensure the ongoing safety and effectiveness of our corrections system".

There has been significant criticism of the prison system in the NT, with the government refusing to apologise in their efforts to "keep community safe".

Earlier this month, Independent politician Yiŋiya Mark Guyula said he had written to the United Nations Special Rapporteur on the Rights of Indigenous Peoples, calling for them to visit the NT.

Last week, National Indigenous Times reported on conditions in the Alice Springs Watch House where Indigenous women were kept in hot, poorly ventilated cells with up to 20 others, often only being able to drink from a tap above an often-blocked communal toilet.

The NT imprisons 3,706 per 100,000 Indigenous adults on an average day - 20 times the rate of non-Indigenous prisoners.

NAAJA said the new legislation came at a time when 40 Aboriginal people were being placed in custody per day.

"Expanding police powers and privatising correctional services will not reduce crime or improve community safety, it will only further harm Aboriginal Territorians," they said.

"Instead of cramming our watch houses with more and more prisoners at great cost to Territory taxpayers, the NT Government should be prioritising diversionary, rehabilitation and education programs as an alternative to incarceration, and reducing the remand times for people waiting for trial from the current time frame of 96 days."

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.