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LATEST ISSUES
The Justice Amendment Act [Anti-gang legislation] The Northern Territory Assembly has recently enacted the Justice Amendment Act (Group Criminal Activities). The plethora of legislative reforms are expected to be enacted in December 2006. This legislation echoes the introduction of unjust legislation reminiscent of the late 1990s, which included the compulsory jailing of juveniles for minor property offences. Despite the enormous ramifications of this package of legislative reforms there were no consultation with interested parties in the Northern Territory including NAAJA. Arguably these amendments are draconian and unrealistic particularly in remote communities and likely to lead to manifest injustice. For instance where an order is imposed, the proposed the legislation states that a breach may be either through direct or indirect contact. The legislation fails to comprehend the dynamics of small remote communities made up of close-knit family communities. Implementing such orders may lead to family members being isolated from fellow kin. Clearly, there are circumstances where this may be necessary [such as domestic violence] but these provisions are too broad, and leave excessive powers with the police. An article written by our pro bono policy lawyer James Dawson provides further commentary on the issue (‘A Step Too Far’). The article was published in the NT Law Society’s Balance Magazine October 2006. In the last six months, the Australian media has seen an explosion in the amount of coverage and discussion dedicated to Aboriginal customary law. For the most part, it has been an ill-informed, misconstrued and restricted debate. The catalyst for this was an interview by Alice Springs prosecutor Dr Nanette Rogers, on ABC’s Lateline program on 15 May 2006. In her interview, Dr Rogers discussed several difficult cases of violence and sexual abuse that had involved children, and stated generally of her experience in Central Australia: …I was really taken aback at how much emphasis was placed on Aboriginal customary law in terms of placing the offender in the best light and it really closed off the voices of Aboriginal women, their viewpoints about how customary law impacted on the offence or the offender. Notably however, the examples that Dr Rogers used had not involved customary law, but had involved offenders affected by alcohol and drugs. Further investigation also revealed that the so-called Youth Worker at the Mutitjulu community was in fact an advisor from Mal Brough’s office. Despite this, Minister Brough has cynically attempted to introduce amendments to legislation that would disallow evidence based on cultural background to be considered by the Courts. This
debate has particular resonance for NAAJA, as we (and our predecessor
agencies) have had to deal with cases involving customary law more than
any other jurisdiction and for a longer period of time. The recent
public portrayals of customary law have often at best reduced it to
caricature, and at worst, so inaccurately portrayed it, that it amounts to
defamation. Indigenous Child Sexual Abuse Inquiry The Indigenous Child Sexual Abuse Inquiry was established by the NT Government also as the result of alleged widespread child sex abuse in Aboriginal communities. Claims of pedophile rings in town camps too readily fed the imagination of mainstream Australia whose main diet of soap operas and sensational news reporting makes them easy targets for such unsubstantiated allegations. Unfortunately, there have been too many inquiries and recommendations that Governments have failed to act on. Too often, we see a law and order response, more laws, more police and more imprisonment rather than taking a holistic view and addressing the underlying issues. Copies of the NAAJA Submission into the Child Sexual Abuse Inquiry as well as additional material by one of our volunteers are now available. Proposals to abolish the Permit System NAAJA is particularly concerned about the proposed abolition of the permit system for Aboriginal lands in the NT. Mal Brough’s discussion paper released recently which purports to examine the operations of the permit system, is a collection of unsubstantiated comments and misinformed allegations. Further, it ignores the fact that a submissions process is the least effective way for Aboriginal people to actively put forth their views about a substantial legislative change that will have a dramatic effect on their existence. Comments by Mal Brough suggesting that the permit system has created a monopoly of silence due to restricted media access and that the systems impedes upon Aboriginal people’s ability to participate fully economically and socially is an attempt by the government to conceal their failure to deliver adequate services to Aboriginal communities. They are also an attempt to cover up an underlying political agenda to allow for commercial and industrial development in these communities to prey on Aboriginal poverty and which will effectively rob these communities of a sense of ownership that they have rightfully gained. NAAJA is currently developing a paper in response to the discussion paper and this will be available on the website soon. Publication of juveniles' details in commercial media The NT News and other commercial media in the NT are the only news sources in Australia that publish the names, addresses and images of young people before the Court. This does not just apply to those convicted, but those who have been charged. NAAJA has sought to have a prohibition enshrined in legislation as in other States and Territories. The new Youth Justice Act contains no such safeguards despite continued lobbying by NAAJA, the NT Legal Aid Commission and the NT Law Society that young people in the NT enjoy the same protections as the rest of Australia and other common law countries. This not only contravenes principles of decency and the understanding that most young people do not go on to other crimes if they are given a chance. By stigmatising our young people in this way, avenues for rehabilitation are closed and re-offending is likely. All this to sell a few more newspapers and pander to the populist agenda that underpins all decisions of this government. In a recent visit to the Top End by the UN Rapporteur on Housing was shocked to see the state of housing provided to Indigenous people living in and around Darwin. At a forum organised by NT Shelter featuring papers by the CEO and the Executive Officer (Advocacy) of NAAJA, the Rapporteur heard that the deplorable state of housing contravenes domestic and international legal obligations as well as demonstrates the lack of will by territory and federal governments to take positive action. The health aspects were also highlighted including the highest rates of Rheumatic Heart Disease and other preventable diseases that have all but been eradicated in 'white' Australia. An article by James Dawson first published in the Indigenous Law Bulletin October 2006 highlights the issues Unlike in other states and Territories and despite having the highest charge, conviction and imprisonment rates in the world for Indigenous people, the NT Government has continued to refuse to ratify the Indigenous Justice Agreement.
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