Category Archives: NT Intervention

Statement on Aboriginal Rights by Leading Australians.

A Call to the People of Australia from Indigenous Elders


Monday February 7 2011

Australia has faced questioning at the United Nations by member states and independent experts regarding its Indigenous policies.  The failure to restore the rights of Aboriginal people is currently being scrutinised under the Universal Periodic Review process of the UN Human Rights Council and was criticised in 2010 by both the UN Special Rapporteur on Indigenous Peoples’ Rights and the UN Committee on the Elimination of Racial Discrimination. Such scrutiny can only reveal just how far Australia is lagging behind international standards on human rights policies. Changes are urgently needed.

In such a context, we have become increasingly concerned by the failure of the Federal Government, with the tacit support of the Opposition, to properly address problems facing Aboriginal people in the Northern Territory. In particular, the Northern Territory Emergency Response (the Intervention) has been progressed without credible consultation with, or the approval of, Aboriginal people.

While there are some limited aspects of the Intervention that have been viewed positively in some Aboriginal communities, it is the compulsory nature of the policies which are of concern.

It is our belief that inequality cannot be addressed by the removal of control from affected peoples over their lives and land, as is current Government policy.  Positive change requires respect and genuine engagement with the people themselves at the local level, rather than an isolated policy development in Canberra.

Examples of the failure of policies include:

  • The delayed, incomplete and flawed reinstatement of the Racial Discrimination Act.
  • The entrenchment of discrimination against Aborigines in the criminal law of the NT by failing to repeal s. 91 of the NTER Act which ensures that no customary law or cultural practice, excuses, justifies, authorises, requires or lessens the seriousness of any criminal behaviour with which the Crimes Act is concerned.
  • The retention and widening of involuntary income management in order to give it a veneer of non discrimination.
  • The failure to provide proper housing exemplified by the slow pace of doing so and the fact that of new houses built by Government under the SIHIP1 programme to alleviate overcrowding, there is a failure to take into account the size or requirements of the average Aboriginal family
  • The failure to provide full time education to Aboriginal children, which is a right of all Australian children. Examples include:

The fact that the 46 Aboriginal Homeland Learning Centres for which the NT Department of Education and Training2 is responsible have never been allocated full-time qualified teachers and are reliant on fly-in fly-out teachers, often for only one or two days per week.

The failure of NTER measures such as the policy of removal of welfare entitlements where there is unsatisfactory school attendance, in that recent figures from the NT Department of Education2 show a steady fall in attendance at schools in very remote areas between 2006-7 and 2009-10.

  • Maintaining the intervention despite evidence such as:

The Health Impact Assessment3 launched in March 2010, which found that the Intervention could potentially lead to profound long-term damage to overall health and cultural integrity.

The 2010 Enquiry into NT Child Protection4 which links health problems to community disadvantage and poverty associated with overcrowding, unsafe and stressful environments, poor community infrastructure, poor nutrition and limited health care, all of which were supposed to have been addressed by the intervention.

The Government’s policy approach must move from one of bureaucratic control by Canberra to one of recognition of Aboriginal leadership, negotiation, capacity building and direct input by Aboriginal people to local government decision-making. Without the direct engagement with Aboriginal people, policy changes will fail. With Aboriginal leaders, Government must commit to a policy of support by developing economies, encouraging investment and creating jobs by improving transport and communication systems, and where appropriate, the use of taxation incentives.

Aboriginal people in the Northern Territory must have choice and must not be forced to abandon their lands and heritage in order to obtain services that are automatically provided to other Australians.  The vision that is created must be one that is shared by both black and white.

We accordingly call upon the Government to start afresh, to comply with our international obligations by bringing the Northern Territory Intervention to an end, including the termination of involuntary income management and securing Aboriginal rights in accordance with the Declaration on the Rights of Indigenous Peoples.  Present flawed legislation including that purporting to re-instate the Racial Discrimination Act and s 91 of the NTER Act should be repealed and the Racial Discrimination Act reintroduced in an unqualified form.


Diana Batzias                                                              Peter Norden AO

Professor Larissa Behrendt                                         Rev Alistair Macrae

Rev Shayne Blackman                                                 Hon Colleen Moore

The Hon Sally Brown AM                                            Hon Ron Merkel ­QC

Julian Burnside QC                                                      Graeme Mundine

Fred Chaney AO                                                          Hon Alastair Nicholson AO RFD QC

Patrick Dodson                                                            Dr Sarah Prichard

Hon Elizabeth Evatt AC                                               Professor Cheryl Saunders AO

Rt Hon Malcolm Fraser AC CH GCL PC Brother Paul Smith AM

The Most Reverend Philip Freier                                Professor Fiona Stanley AC

Rev Dr Djiniyini Gondarra OAM                                 Rev Ken Sumner

Hon Paul Guest QC                                                     Assoc Professor John Tobin

Rosalie Kunoth-Monks OAM                                       Bret Walker SC

Phil Lynch                                                                    Brian Walters SC

Professor Tim McCormack                                         Hon Ian Viner AO QC

Assoc Professor Sarah Maddision

Reference Notes:

1Information provided by FaHCSIA

2NT Department of Education and Training Annual Report 2008-09 Page 27

3Medical Journal of Australia August 2010

4Growing Them Strong, Together Report page 17

Commission Urges Catholics to Hold Politicians to Account on Indigenous Policy

Wednesday 7 July 2010

Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse (Also known as the “Little Children are Sacred” report.) Brisbane’s Catholic Justice and Peace Commission today urged Catholics to hold politicians of all parties to account during the forthcoming Federal election for their policies concerning Aboriginal and Torres Strait Islander people.

The Commission issued this call with the full support of its Aboriginal and Torres Strait Islander advisors.

The Commission has called for particular attention to be given to the Federal Government’s continuing use and extension of income management measures in the Northern Territory.

The Commission’s Executive Officer, Peter Arndt, said that many Aboriginal people in the Territory, in particular, and around Australia are unhappy with the impact of income management on individual Aborigines.

“Income management means quarantining half of a person’s Centrelink payment for food and other basics and is applied to all Centrelink beneficiaries irrespective of how they manage their money,” Mr Arndt said.

“Whether you feed and clothe your children or spend your money on alcohol and gambling, you get the same treatment,” he said.

“Having a ‘one size fits all’ measure applied to all Centrelink beneficiaries in the Territory shows no respect for people’s dignity,” he said.

“Having to use a special card to buy your groceries is also humiliating,” he said.

“I am sure the Minister, Jenny Macklin, has heard some positive comments from Aboriginal people in the Territory, but she seems to be ignoring the many stories of people getting into serious difficulty as a result of this measure,” he said.

“We are also concerned that income management is not improving the situation,” he said.

“A number of reports are even suggesting that things are not improving and may be going backwards in some cases,” he said.

“We strongly support the Chairman of the Australian Catholic Social Justice Council, Bishop Christopher Saunders, when he recently urged our political leaders to develop supportive and empowering initiatives to address problems for Aboriginal communities in the Territory,” he said.

“Decades of paternalistic action which does not include Aboriginal people in the process of developing initiatives have failed and wasted a lot of money,” he said.

“Aboriginal and Torres Strait Islander people and communities need to participate in efforts to address the problems they face,” he said.

“We urge Catholics to ask their local candidates who support the current policies for clear evidence that things are getting better,” he said.

“We also urge Catholics to encourage their local candidates to back initiatives which support and empower Aboriginal and Torres Strait Islander people,” he said.

For further information, please contact Peter Arndt on (07) 3336 9173 or 0409 265 476.

This media release is issued with the approval of the Commission under the provisions of its Mandate which enable it to speak in its own right. The views expressed in this media release do not necessarily represent those of the Roman Catholic Archdiocese of Brisbane.