Central Land Council
in this section
CLC Press Releases
- 9 May 2008
- Angela Pamela and the native title process ›› more
- 18 February 2008
- Coalition should support permit system ›› more
- 15 February 2008
- Politicians threaten to derail fresh start ›› more
- 22 January 2008
- Police ignorance upsets Lajamanu community ›› more
- 26 November 2007
- Optimism for a fresh consensual approach on Aboriginal affairs ›› more
- 21 November 2007
- Concerns over Central Petroleum tactics ›› more
The short and easy guide to the Commonwealth intervention
- alcohol
- business management
- community stores
- publicly funded computers
- pornography
- buildings
- permits
- five year leases
- welfare
- town camps
- customary law
alcohol
what are the Australian Government measures?
The Northern Territory National Emergency Response Act (Cth) makes it an offence to take, possess, drink or supply alcohol on all Aboriginal land, community living areas, town camps and Canteen Creek, Finke and Daly River. The Minister may also declare further areas in the NT.
A first offence is up to a $1100 fine. If the amount of alcohol is over 3 cases of beer, the offence could be trafficking which is up to a $74,000 fine or 18 months jail.
The Act also makes it an offence for any alcohol outlet not to record the name, address and place of consumption for purchases over $100 or over 5 litres of cask or flagon wine.
The measures started on 18 August 2007 and the new offences started on 15 September 2007.
what are the NT Government measures?
Amendments to the Liquor Act (NT) provide new powers which allow:
* the Minister to determine additional licence conditions including opening hours, type and amount of alcohol that may be sold, requirements for proof of identity and keeping records of sales
* an inspector to search a premises, or search or retain a vehicle where an alcohol offence is reasonably suspected
* the Minister to declare a special restricted area making it an offence to take, possess, drink or supply alcohol in that area
The changes became law on 14 September 2007.
Under the existing provisions of the Liquor Act Alice Springs was declared a dry area commencing on 1 August 2007 - $100 on the spot fines apply.
what are the possible problems?
The alcohol measures target places of drinking but do not target alcohol outlets including roadhouses and other takeaway outlets.
The alcohol measures ban drinking in all private homes in targeted areas.
where can I find out more?
Australian Government – Alcohol Bans and Penalties
NT Government Safety – Alcohol and Drugs Fact Sheet
NT Licensing Commission (08) 8951 8452
Emergency Response Hotline 1800 333 995
Northern Territory National Emergency Response Act 2007 Part 6BUSINESS MANAGEMENT
what is the measure?
The Northern Territory National Emergency Response Act (Cth) gives the Minister a broad range of new powers over Entities which perform functions or provide services in Business Management Areas.
The Minister may:
1. unilaterally alter funding agreements
2. direct how services are to be provided where the Minister is not satisfied with the current service
3. direct how assets are used by Entities or acquire assets from Entities
4. appoint observers to attend meetings of Entities including committee meetings
5. suspend community government councils or appoint managers for associations on service related grounds.
The Act also creates civil penalties where Entities fail to comply with a direction or to inform an observer of meetings where one has been appointed.
what is an Entity?
An Entity can be:
1. a community government council
2. an incorporated association under the Associations Act (NT)
3. an Aboriginal corporation under the Corporations (Aboriginal and Torres Strait Islander) Act (Cth), or
4. another Entity specified by the Minister that performs functions or provides services in a Business Management Area
where are Business Management Areas?
Business Management Areas are:
* major Aboriginal communities being Ali Curung, Alpurrurulam, Amoonguna, Ampilatwatja, Aputula, Areyonga, Atitjere, Canteen Creek, Daguragu, Engawala, Haasts Bluff, Hermmansburg, Imangara, Imanpa, Kalkarindji, Kalkukatjara, Kintore, Lajamanu, Laramba, Mt Liebig, Mutitjulu, Nturiya, Nyirripi, Papunya, Pmara Jutunta, Santa Teresa, Tara, Titjikala, Wallace Rockhole, Willowra, Wilora, Wutunugurra, Yuelamu, Yuendumu
* other areas in NT declared by the Minister
when does it start?
18 August 2007
what are the possible problems?
The Government says these powers are reserve powers but the powers are not restricted in the legislation.
The powers are very broad in scope and there are many uncertainties as to how the rules could operate. For example, the Minister appears to be able to direct bodies that do not receive government funding or assets not purchased with government funding. Overall the powers do not contain sufficient checks and balances.
where can I find out more?
COMMUNITY STORES
what is the measure?
The Northern Territory National Emergency Response Act 2007 (Cth) introduces a Community Store licencing scheme.
Under the scheme the Minister's Department may grant a Community Store licence having regard to the quality, quantity and range of groceries available, the finance and governance arrangements, and the store's ability to participate in income management.
The Department may appoint officers to assess a Community Store on these or other matters the Government thinks fit. A store must cooperate with appointed officers otherwise offences apply.
The Department may revoke a licence if it thinks a licence condition has been breached or that the store is not being operated in a satisfactory manner.
If a store fails an assessment or has its licence revoked, the Minister may declare that the store assets become the property of the Australian Government.
what is a Community Store
A Community Store is a business where one of the main purposes is the sale of groceries and drinks, but does not include a roadhouse [a draft Bill proposes to include a roadhouse if it is the main store for a community].
where does it apply?
The scheme applies in Prescribed Areas being:
- all Aboriginal land granted under Land Rights Act (Cth)
- all community living areas granted under Lands Acquisition Act (NT)
- town camps in Alice Springs and Tennant Creek
- Aputula (Finke), Napperby, Canteen Creek
- and any other place in the NT specified by the Minister:
when does it start?
18 August 2007
what are the possible problems?
The scheme does not make it compulsory to have a licence nor must a store cease to trade if a licence is revoked. However, store assets can be seized if the store fails an assessment or has its licence revoked.
The scheme does not apply to stores off Aboriginal land or community living areas unless specified by the Minister.
where can I find out more?
Australian Government Emergency Response Fact Sheet 16
Northern Territory National Emergency Response Act 2007 Part 7
PUBLICLY FUNDED COMPUTERS
what is the measure?
The Northern Territory National Emergency Response Act (Cth) outlines a new system for checking that Publicly Funded Computers are used appropriately.
Under the system the individual or head of the organisation must:
- ensure each computer is installed with a filter accredited by the Telecommunications Minister
- keep records of each individual who uses a computer
- develop a policy on acceptable use of computers which prohibits communications that break the law, are defamatory, offensive, obscene, abusive or threatening, or harass on the basis of sex, race or disability (the Minister may determine other matters which the policy must include)
- audit each computer on 31 May and 30 November each year in a manner determined by the Minister.
Failure to perform any of the above is an offence.
what is a publicly funded computer?
A Publicly Funded Computer is any computer:
- owned by a individual or organisation that receives government funding
- on loan from a individual or organisation that receives government funding, or
- owned or leased by a individual or organisation that directly or indirectly receives government funding for employment services
that is located in a Prescribed Area.
where are Prescribed Areas?
Prescribed Areas are:
- all Aboriginal land granted under Land Rights Act (Cth)
- all community living areas granted under Lands Acquisition Act (NT)
- town camps in Alice Springs and Tennant Creek
- Aputula (Finke) and Canteen Creek
- any other area in the NT declared by the Minister.
when do the changes start?
Checking requirements – 18 August 2007
Offences – 15 September 2007
what are the possible problems?
The scope of Publicly Funded Computers is very wide and the checking requirements are strict for government funded organisations.
where can I find out more?
Emergency Response Hotline 1800 333 995
Northern Territory National Emergency Response Act 2007 Part 3
PORNOGRAPHY
what is the measure?
The Families, Community Services and Indigenous Affairs Amendment Act 2007 (Cth) bans the possession and supply of pornographic material within Prescribed Areas.
Pornographic material captured in the ban includes:
- publications which are classified restricted category 1 or 2 or films which are classified X18+ (which generally contain real depictions of sexual activity)
- publications, films or computer games which have been refused classification (which generally contain sex, cruelty, or violence that offends against acceptable standards of morality and decency).
The Act also gives police all necessary powers in Prescribed Areas to seize and destroy material which may be prohibited.
A draft Bill proposes amendments to the Broadcasting Services Act 1992 (Cth) to ban the broadcast on TV of any R18+ rated program in a Prescribed Area.
These measures go further than existing restrictions under Classification of Publications, Films and Computer Games Act 2005 (NT).
where are Prescribed Areas?
Prescribed Areas are:
- all Aboriginal land granted under Land Rights Act (Cth)
- all community living areas granted under Lands Acquisition Act (NT)
- town camps in Alice Springs and Tennant Creek
- Aputula (Finke) and Canteen Creek
- any other area in the NT declared by the Minister.
when does it start?
15 September 2007
where can I find out more?
Australian Government – Pornography Bans and Penalties
Australian Government Emergency Response Fact Sheet 13
Emergency Response Hotline 1800 333 995
Families, Community Services and Indigenous Affairs Amendment Act 2007 Schedule 1
STATUTORY RIGHTS IN BUILDINGS
what is the measure?
The Families, Community Services and Indigenous Affairs Amendment Act 2007 (Cth) provides for statutory rights in government funded buildings to protect the future investments of any government.
The government will have statutory rights to occupy, use, construct, maintain and repair any building or infrastructure in a Construction Area which is:
- funded by the government or partly funded by the government where the Minister determines statutory rights apply
- is not covered by a lease (except a 5 year lease), and
- has been consented to by the land council.
If a 5 year lease is in place, any statutory rights in buildings do not apply while the 5 year lease is in place.
Statutory rights can only apply where new buildings or repairs are done by government funded bodies.
If statutory rights apply, the government and the land council must negotiate in good faith for a lease over the Construction Area. If a lease is in place, the statutory rights do not apply while the lease is in place .
what is a Construction Area?
- A Construction Area is an area determined by the Minister which covers:
- the construction of any building or infrastructure including water, electricity, gas, sewerage and telecommunications, or
- any upgrade of any building or infrastructure over $50,000.
where does it apply?
Statutory rights can apply on any Aboriginal land granted under Aboriginal Land Rights ( Northern Territory ) Act 1976 (Cth) including outstations.
when does it start? 18 August 2007
what are the possible problems?
When $50,000 is spent on a building by a government, ownership of the building can pass from the land trust to the government funding the upgrade.
The land trust cannot negotiate a lease with another party over any building where a government holds statutory rights.
where can I find out more?
Families, Community Services and Indigenous Affairs Amendment Act 2007 Schedule 3
Emergency Response Hotline 1800 333 995
permits
what is the measure?
The following information relates to laws passed by the Australian Parliament on 17 August 2007. Some aspects of the intervention may change in accordance with new Australian government policy.
The Families, Community Services and Indigenous Affairs Amendment Act 2007 (Cth) makes a key change to how permits apply in major communities. Permits will not apply to ‘common areas', airstrips and access roads for major communities.
‘Common areas' are defined as areas “generally used by members of the community but do not include a building or a sacred site”.
Other changes to the permit system are:
- parliamentarians and government workers will no longer require permits
- anyone attending a court hearing does not need a permit, and
- it is a defence to stay at a house with the permission of the residents.
The permit system will still apply to outstations and other Aboriginal land.
which communities are affected?
The permit changes for communities apply to Ali Curung, Amoonguna, Ampilatwatja, Areyonga, Daguragu, Haasts Bluff, Hermmansburg, Kalkukatjara, Kintore, Lajamanu, Mt Liebig, Mutitjulu, Nturiya, Nyirripi, Papunya, Pmara Jutunta, Santa Teresa, Wallace Rockhole, Willowra, Yuelamu, Yuendumu.
when do the changes start?
No permits for parliamentarians and government workers – 18 August 2007
Other changes – 18 February 2008 or earlier if decided by the government.
what are the possible problems?
Definition of ‘common areas' is not clear and will make it difficult to administer the system. As a result, permits will not be able to be used effectively as a policing tool in communities.
Which access roads will not require a permit has not been determined by the Minister.
where can I find out more?
Australian Government Emergency Response Fact Sheet 18
Families, Community Services and Indigenous Affairs Amendment Act 2007 Schedule 4
5 YEAR LEASES
what is the measure?
The Northern Territory National Emergency Response Act 2007 (Cth) grants 5 year leases to the Australian government over major Aboriginal communities. No negotiation or lease document is required.
All existing leases and other interests in communities are protected.
The leases give the Australian government rights to exclusive possession, to repair, demolish or replace any existing buildings and infrastructure, and to terminate the lease at any time.
No rights are noted in favour of residents or traditional landowners.
The Australian government may agree to pay rent to traditional landowners but it is not required. Compensation may be payable, but it is not guaranteed.
which communities have leases?
The leases apply to:
- Group 1 communities: Ali Curung, Alpurrurulam, Amoonguna, Ampilatwatja, Areyonga, Atitjere, Daguragu, Hermmansburg, Kalkukatjara, Kintore, Nyirripi, Papunya, Pmara Jutunta, Santa Teresa, Titjikala, Wallace Rockhole, Wutunugurra, Yuendumu
- Group 2 communities: Canteen Creek, Engawala, Haasts Bluff, Imangara, Imanpa, Lajamanu, Laramba, Mt Liebig, Nturiya, Tara , Willowra, Wilora, Yuelamu
- Any of the following land decided by the government: other Aboriginal land, other community living areas, land at Finke held by Aputula Social Club or Aputula Housing Association, land at Kalkarindji held by Daguragu Community Government Council.
when do the leases start?
Group 1 communities – 18 August 2007
Group 2 – 18 February 2008 or earlier if decided by the government
[note: no reason is given for splitting the communities into two groups]
what are the possible problems?
The leases take in areas beyond the communities including areas used for customary practices.
The leases do not guarantee Aboriginal people right of residence – it is not clear whether the government could evict Aboriginal people from their own communities.
A draft Bill states that the government will not be responsible for the condition or repair of any building under tenancy in a leased area – it is not clear who might be responsible.
Other interests in lease areas may be terminated by the government at any time.
where can I find out more?
Australian Government Fact Sheet 17
Northern Territory National Emergency Response Act 2007 Part 4
Emergency Response Hotline 1800 333 995
Welfare
what is the measure?
The Social Security Amendment Act 2007 (Cth) introduces a system of income management for recipients or welfare payments for all people in an area declared by the Minister.
where can the Minister declare an area?
The Minister can declare any area in a Prescribed Area (currently Aboriginal land, community living areas, town camps in Alice Springs and Tennant Creek, Canteen Creek), Aputula and Kalkarindji for a period up to 12 months (can be extended).
The Minister is declaring places one by one. Areas currently declared are Aputula, Areyonga, Imanpa, Mutitjulu, Ntaria (Hermannsburg) Santa Teresa, Titjikala, Tjuwanpa, Wallace Rockhole
how does the system work?
A portion of welfare payments is set aside in a special account managed by Centrelink. Centrelink are putting on about 350 new staff to deal with the system.
Money in the account can only be spent at the community store or otherwise as arranged with Centrelink.
what amount is managed by Centrelink?
Social security benefits and pensions and ABSTUDY money – 50% (or half)
Advances, lump sums and baby bonus money – 100% (or all)
what can you spend managed welfare on?
Money in the Centrelink account can only be spent on ‘priority needs' including food, clothing, health, household items, childcare, education, rent, funerals and motor car costs.
Money cannot be spent on alcohol, tobacco or gambling.
what about other income management?
The new laws also allow for income management because of:
- lack of school enrolment
- unsatisfactory school attendance, or
- child neglect as specified by a child protection officer.
These other ways have not been used yet by the government.
what are the possible problems?
Income management in a declared area covers everyone on welfare without any way out for responsible people.
Because managed income will generally need to be spent at the community store, people's mobility to visit family and attend family business (ceremony) is likely to be affected.
There are no rights of appeal outside Centrelink (such as a tribunal).
where can I find out more?
Social Security Act 2007 Schedule 1
Town Camps
what is the measure?
The Northern Territory National Emergency Response Act 2007 (Cth) gives the Commonwealth Minister new powers over town camps in the NT.
Under the Act the Commonwealth Minister now has the same powers as NT Minister to administer, forfeit for breach or resume town camp leases under the Special Purposes Leases Act (NT) and the Crown Land Act (NT). The notice provisions for forfeiture or resumption have been reduced from 6 months to 2 months.
The Commonwealth Minister has an additional power to compulsorily acquire town camp leases without any notice or process and vest a freehold title in itself.
If leases are acquired, compensation may be payable but it is not guaranteed.
which town camps are affected?
The powers apply to town camps in Alice Springs, Darwin , Katherine, and Tennant Creek.
when do the new powers start?
18 August 2007
what are the possible problems?
The new compulsory acquisition power does not follow the normal rules including giving notice to the leaseholders.
If the Commonwealth Minister forfeits or resumes a lease, it is not clear what the Minister can then do – the Minister has no power under NT law to grant new interests in that land.
The Act includes a power to modify the Special Purposes Leases Act (NT) by regulation – this means the Minister can make new laws about town camps without taking them through the Parliament.
where can I find out more?
Emergency Response Hotline 1800 333 995
Northern Territory National Emergency Response Act 2007 Part 4
CUSTOMARY LAW
what is the measure?
The Northern Territory National Emergency Response Act (Cth) makes clear that a court cannot take customary law or cultural practices into account in:
* considering bail applications
* determining sentences
However in considering bail a court must consider whether a person resides in a remote community.
In determining sentences the court cannot use customary law or cultural practices to lessen or increase the sentence.
[Note: alternative sentencing which considers customary law, such as ‘circle sentencing', is still possible but just not within a court]
where does it apply?
Anywhere in the Northern Territory
when does it start?
18 August 2007
what are the possible problems?
Because courts have no discretion to consider cultural matters in relation to sentencing, Aboriginal people may be more likely to go to jail.
where can I find out more?
Australian Government Emergency Response Fact Sheet 27
Northern Territory National Emergency Response Act 2007 Part 6
Emergency Response Hotline 1800 333 995