“High-risk, no-reward policy": NT Aboriginal justice agency criticises new curfew legislation

Dechlan Brennan
Dechlan Brennan Published May 21, 2024 at 2.15pm (AWST)

New legislation to make curfews easier to enact in the Northern Territory has been criticised by the NT's leading Indigenous justice agency, arguing it risks disproportionately impacting vulnerable Aboriginal people.

The Police Administration Legislation Amendment Bill 2024 was introduced into parliament on Thursday, in what the government describes as a "common sense plan to reduce crime and anti-social behaviour".

It comes on the back of the three week youth curfew in Mparntwe/Alice Springs in March, enacted in wake of violence across the town, but the legality of which was questioned by the NT police union.

Chief Minister Eva Lawler said the government didn't anticipate curfews will be used frequently, but argued they were an "important option" for the police to keep communities 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," Ms Lawler said.

The government says the new laws will be administered by the police, who recently received record funding in the NT budget, and any extension will need to be signed off by the Police Minister.

On Tuesday, the North Australian Aboriginal Justice Agency (NAAJA), who have been vocal in their criticism of the extra funding for police and prisons in the NT, said they held "grave concerns" over the new legislation.

They agency specifically criticised the "extreme concentration of power" into the hands of the police commissioner, who they argued is "not required to rely on any information or input from experts"; and that the bill foreshadows curfews being used in a discriminatory manner through the suspension of the Anti-Discrimination Act during a curfew declaration.

Furthermore, the NAAJA said the criteria for making a public order declaration - a "riot" or "civil disturbance" - was broad and vague; and there was uncertainty if the legislation could be used to prevent public protests.

@natindigtimes The Northern Territory has announced new legislation to make implementing curfews easier. The changes allow NT police to administer curfews more flexibly. #aboriginaltiktok #aboriginal #firstnations #indigenous #northernterritory #curfew #alicesprings ♬ snowfall - Øneheart & reidenshi

NAAJA Principal Legal Officer Jared Sharp said it was unclear what the government was trying to achieve with the new legislation, arguing existing laws were already in place to deal with violent acts, or threats of violent acts, in public.

"The concern is that curfews tend to drag kids who are already vulnerable deep into the criminal justice system," he said, labelling them a "high-risk, no-reward policy".

"Over-policing is already an issue in the NT…We lock up more people than any other jurisdiction in this country and this is only going to make matters worse."

The NT government has said the legislation used to enact the Mparntwe curfew, the Emergency Management Act 2013, does not suit a "flexible approach to community safety".

"This new legislation will provide greater flexibility for Police to call and enforce a curfew to keep communities in the Territory safe," the government said last week.

Opinions on the curfew in March were divided, with some groups arguing it acted as a circuit breaker for the town, whilst others - including Amnesty International Australia and NATSILS - 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".

It is understood no child was criminally charged in Mparntwe/Alice Springs for a breach of curfew.

NT Police Minister Brent Potter said police on the ground during the curfew argued it helped to reduce offending, but Mr Sharp said there was no evidence of this, instead calling for funds to be allocated to reduce the underlying drivers of offending, including poverty and substance abuse.

"There are many sensible, evidence-based initiatives the government could be doing to tackle youth antisocial behaviour," Mr Sharp said, highlighting recent - and successful - initiatives in Mparntwe to engage young people through increased investment in youth and family support services.

"Aboriginal community-controlled organisations need to be appropriately funded and empowered to deal with law-and-order issues and support people back onto the right track," he said.

"We need more culturally informed support, not law-and-order responses because the people most at risk of being trapped are disadvantaged and highly vulnerable – not criminals."

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