Australian Parliament House closed to visitors - the public main entrance will be closed indefinitely from 5pm 25 March 2020. Read more.

Footnotes

Footnotes

Introduction

[1]          National Congress of Australia's First Peoples, Letter to the Hon Harry Jenkins MP, 15 June 2012.

[2]          Letter from Mr Harry Jenkins MP to the Hon Jenny Macklin MP, Minister for Families, Community Services and Indigenous Affairs, 20 June 2012  Because the bills were introduced into Parliament before the requirement under the Human Rights (Parliamentary Scrutiny) Act 2011 to provide a statement of compatibility with human rights took effect, the bill was not accompanied by an independent and detailed statement explaining how the bill engaged the human rights set out in the relevant human rights instruments.

[3]          Letter from the Hon Jenny Macklin MP to the Hon Harry Jenkins MP, 27 June 2012.

[4]          Additional Information received from National Congress of Australia's First Peoples, dated 28 June 2012.

[5]          See: http://www.aph.gov.au/joint_humanrights/.

[6]          This summary of the NTER draws on: Senate Community Affairs Legislation Committee, Inquiry into Stronger Futures in the Northern Territory Bill 2011 and two related bills, Report, March 2012, and Australian Human Rights Commission, The Suspension and Reinstatement of the RDA and Special Measures in the NTER, 2 November 2011.

[7]          Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, Ampe Akelyernemane Meke Mekarle 'Little Children are Sacred', 2007.

[8]          See Australian Human Rights Commission publication, The Suspension and Reinstatement of the RDA and Special Measures in the NTER, 2 November 2011, pp 5-6.

[9]          Northern Territory Emergency Response – Report of the NTER Review Board, October 2008.

[10]        See Senate Community Affairs Legislation Committee, Inquiry into Stronger Futures in the Northern Territory Bill 2011 and two related bills, Report, March  2012, para 1.13.

[11]       See Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement
of Racial Discrimination Act) Act 2009
.

[12]       The measures that were not continued were: five-year leases; the statutory rights provisions under the Aboriginal Land Rights (Northern Territory) Act 1976 that provide a mechanism for government to retain certain rights and interests in buildings and infrastructure constructed or upgraded on Aboriginal land with government funds; the requirement to install filters and conduct audits of publicly funded computers; the power enabling police to enter a private residence as if it were a public place to apprehend an intoxicated person; and the 'business management areas' powers. See FaHCSIA answers to Questions on Notice No. 6, Senate Community Affairs Legislation Committee, Report on Inquiry into Stronger Futures in the Northern Territory Bill 2011 and two related bills, March 2012, Appendix 4.

[13]        Stronger Futures in the Northern Territory Bill 2011, replacement revised explanatory memorandum, p 1.

[14]        Stronger Futures in the Northern Territory Bill 2011, replacement revised explanatory memorandum, p 2.

[15]        Stronger Futures in the Northern Territory Bill 2011, replacement revised explanatory memorandum, pp 2-3.

[16]        Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011, replacement explanatory memorandum, outline.

[17]        Letter from the Hon Jenny Macklin MP to the Hon Harry Jenkins MP, 27 June 2012.

[18]        Letter from the Hon Jenny Macklin MP to the Hon Harry Jenkins MP, 27 June 2012, p 2. The amendment foreshadowed by the Minister now appears as section 4A of the Stronger Futures in the Northern Territory Act 2012.

[19]        Letter from the Hon Jenny Macklin MP to the Hon Harry Jenkins MP, 27 June 2012, p 3.

[20]        Assessment of Policy Objectives with Human Rights: Stronger Futures in the Northern Territory Bill 2012 and Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) 2012 [Stronger Futures Assessment] and Assessment of Policy Objectives with Human Rights: Social Security Legislation Amendment Bill 2011 [Social Security Assessment], attachments to Letter from the Hon Jenny Macklin MP to the Hon Harry Jenkins MP, 27 June 2012, p 2.

[21]        Senate Community Affairs Legislation Committee, Report on the Stronger Futures in the Northern Territory Bill 2011 [Provisions]; Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011 [Provisions]; Social Security Legislation Amendment Bill 2011 [Provisions] (Stronger Futures Report).

[22]        See Senate Community Affairs Legislation Committee, Stronger Futures Report, pp viii – ix.

[23]        Senate Community Affairs Legislation Committee, Stronger Futures Report, recommendation 10, para 4.17.

[24]        Senate Community Affairs Legislation Committee, Stronger Futures Report, para 3.2 (Additional Comments).

[25]        Senate Community Affairs Legislation Committee, Stronger Futures Report, para 3.4 (Additional Comments).

[26]        Senate Community Affairs Legislation Committee, Stronger Futures Report, recommendation 4 (Additional Comments).

[27]        Senate Community Affairs Legislation Committee, Stronger Futures Report, recommendation 16 (Dissenting Report).

[28]        Senate Community Affairs Legislation Committee, Stronger Futures Report, para 1.144 (Dissenting Report).

[29]        Senate Community Affairs Legislation Committee, Stronger Futures Report, pp 90 – 91 (Dissenting Report).

[30]        Senate Community Affairs Legislation Committee, Stronger Futures Report, pp 92- 97 (Dissenting Report).

[31]        Australian Human Rights Commission, Submission to the Senate Legal and Constitutional Affairs Committee Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010, 7 July 2010, para 17.

[32]        See Aboriginal and Torres Strait Islander Social Justice Commissioner,  Social Justice Report 2012, pp 36-37 and Recommendation 1.4.

[33]        Under the Human Rights (Parliamentary Scrutiny) Act 2011.

[34]        Explanatory memorandum, pp 23-24. See to similar effect the Native Title Amendment Bill 2012, statement of compatibility, p 5.

[35]        See Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, A/HRC/12/34, para 38 (2009):

"It should be emphasized that the duty of States to consult with indigenous peoples on decisions affecting them finds prominent expression in the United Nations Declaration on the Rights of Indigenous Peoples, and is firmly rooted in international human rights law. This duty is referenced throughout the Declaration in relation to particular concerns (arts. 10, 11, 15, 17, 19, 28, 29, 30, 32, 36, and 38), and it is affirmed as an overarching principle in article 19, which provides: 'States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.'"

[36]        See the statement by the Hon Jenny Macklin MP, Minister for Families, Housing, Community Services and Indigenous Affairs setting out Australia's support for the Declaration on 3 April 2009, Statement on the United Nations Declaration on the Rights of Indigenous Peoples, Parliament House, Canberra, 3 April 2009 ('While there is continuing international debate about the meaning of "free, prior and informed consent", we will consider any future interpretations in accordance with Article 46.')

[37]        UN Committee on the Elimination of Racial Discrimination, General Recommendation No. 32, (2009), para 8 (footnotes omitted).

[38]        UN Committee on Economic, Social and Cultural Rights, General Comment No. 19, (2008) para 22.

[39]        This argument is not made in relation to the income management provisions, presumably because they are intended to apply not only to Aboriginal communities or to communities in which the majority of the population is Aboriginal.

[40]        See The concept and practice of affirmative action, Final report submitted by Mr Marc Bossuyt, Special Rapporteur, in accordance with Sub-Commission resolution 1998/5, UN Doc E/CN.4/Sub.2/2002/21 (2002).

[41]       See, for example, UN Committee on the Elimination of Racial Discrimination, General Recommendation No. 32,(2009), para 20 ('Accordingly, special measures are not an exception to the principle of non-discrimination but are integral to its meaning and essential to the Convention project of eliminating racial discrimination and advancing human dignity and effective equality').

[42]        Article 4(1) of the CEDAW contains a similarly worded provision in relation to special measures taken on the basis of sex. See CEDAW, General Recommendation No. 25, 'Temporary special measures' (2004) and M Freeman, C Chinkin and B Rudolf (eds), The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary (OUP 2012), 'Article 1' and 'Article 4'.

[43]        UN Committee on the Elimination of Racial Discrimination, General Recommendation No. 32, (2009), paras 16-18.

[44]       Gerhardy v Brown (1985) 159 CLR 70, 133 (Brennan J). See also Australian Human Rights Commission, The Suspension and Reinstatement of the RDA and Special Measures in the NTER, 2 November 2011, p 7.

[45]       Congress has set out its views of the requirements for measures to qualify as special measures. They must:

National Congress of Australia's First Peoples, Statement to the Parliamentary Joint Committee on Human Rights on the Parliamentary Scrutiny of Human Rights as applied to the Stronger Futures in the Northern Territory Bills (2011), June 2012, attachment to letter of 15 June 2012 to Mr Harry Jenkins MP, p 7.

[46]        While these criteria have been widely considered to be a correct statement of what constitutes a 'special measure' under international law , the finding of Brennan J and the other members of the High Court in Gerhardy v Brown that the legislative recognition of the traditional rights to land of Indigenous peoples can only be justified as a special measure, does not represent the international legal position. Such race-based differential treatment may be justified under international law if it is based on objective and reasonable criteria and is a proportionate measure adopted in pursuit of a legitimate goal.

[47]        [2013] HCA 28.

[48]        See, for example, the judgment of French CJ, [2013] HCA 28, [21], who writes:

"[T]he court, in proceedings which turn upon the characterisation of a law as a special measure, may:

[49]        Stronger Futures in the Northern Territory Bill 2011, explanatory memorandum, p 1. This position is repeated in relation to each element, in the Notes on clauses, at p 3 (alcohol-related measures), p 20 (land reform measures), and p 29 (food security measures). See also Stronger Futures in the Northern Territory Bill 2011, revised explanatory memorandum, pp 1,3, 20 and 29.

[50]        Report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, The situation of indigenous peoples in Australia, A/HRC/15/37/Add.4 (2010).

[51]        Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, paras 113-122, [234-246] See also Australian Human Rights Commission, The Suspension and Reinstatement of the RDA and Special Measures in the NTER, 2 November 2011.

[52]        See submission by the Australian Lawyers Alliance, Letter to the PJCHR, 13 August 2012, and attached submission to the Senate Community Affairs Legislation Committee entitled The Stronger Futures Legislative Package: Assessment of Non-Compliance With Human Rights, 29 June 2012, pp 4-8.

[53]        Report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, The situation of indigenous peoples in Australia, A/HRC/15/37/Add.4 (2010).

[54]        Report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, The situation of indigenous peoples in Australia, A/HRC/15/37/Add.4 , para 21 (2010).

[55]       Australian Human Rights Commission, Draft guidelines for ensuring income management measures are compliant with the Racial Discrimination Act (2009), paras 88-89.

[56]        Report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, The situation of indigenous peoples in Australia, A/HRC/15/37/Add.4, paras 55 and 62 (2010).

[57]        UN Committee on the Elimination of Racial Discrimination, General Recommendation No 32, para 8.

[58]        Report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, The situation of indigenous peoples in Australia, A/HRC/15/37/Add.4 , para 63 (2010).

[59]        Report by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, The situation of indigenous peoples in Australia, A/HRC/15/37/Add.4 , para 65 (2010).

[60]        For an example of a measure appropriately characterised as a 'special measure', see the Indigenous Education (Targeted Assistance) Amendment Bill 2013, considered in PJCHR, Sixth Report of 2013, pp 111-113.

[61]        [2013] HCA 28 (19 June 2013).

[62]        Subsections 10(1) and (2) of the Racial Discrimination Act 1975 provide:

[63]        Five of the six justices held that there was a relevant human right affected by the legislation, namely the right to property. Kiefel J did not consider that any relevant right or freedom was engaged by the legislation, but nevertheless went on to consider whether the measures would in any event be characterised as special measures. She concluded that they would be [2013] HCA 28, [150]-[162], [177-188].

[64]        See paragraph 1.90.

[65]        Stronger Futures in the Northern Territory Bill 2011, explanatory memorandum, p 1; replacement revised explanatory memorandum, p 1.

[66]        Senate Community Affairs Legislation Committee, Stronger Futures Report, pp 62-63 [4.14-4.16] (footnotes omitted).

[67]        Senate Community Affairs Legislation Committee, Stronger Futures Report, recommendation 10, p 63.

[68]        See the full discussion in Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2010, Chapter 3, pp 58-66 and Appendix 4.

[69]        This list is derived from the headings in the Commissioner's own formulation contained in Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2010, Appendix 4.

[70]        See PJCHR, Practice Note 1.

[71]        This list is taken largely verbatim from the Stronger Futures Assessment, p 2.

[72]        Stronger Futures Assessment, pp 3-4.

[73]        Stronger Futures Assessment, p 3.

[74]        Stronger Futures Assessment, p 3.

[75]        Stronger Futures Assessment, p 3. A similar statement is made in the explanatory memorandum to the bill that 'the Government considers that the tackling alcohol abuse measure is a special measure under the Racial Discrimination Act': Stronger Futures in the Northern Territory Bill 2011, explanatory memorandum, Notes on clauses, p 3.

[76]        Stronger Futures Assessment, p 3.

[77]        Stronger Futures Assessment, p 3 (footnote omitted).

[78]        Stronger Futures Assessment, p 4 (footnote omitted).

[79]        Stronger Futures Assessment, p 5.

[80]        Senate Community Affairs Legislation Committee, Stronger Futures Report, para 3.36.

[81]        Stronger Futures Assessment, p 4.

[82]        Stronger Futures Assessment, p 4.

[83]        See Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, paras 230, 242-244.

[84]        See Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 267.

[85]        See Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 258.

[86]        National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, para 48.

[87]        National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, p 15.

[88]        F2013L00290, made under subsection 17(2) of the Stronger Futures in the Northern Territory Act 2012.

[89]        Stronger Futures in the Northern Territory (Alcohol Management Plans) Rule 2013, explanatory statement, p 2.

[90]        Stronger Futures in the Northern Territory (Alcohol Management Plans) Rule 2013, explanatory statement, p 2.

[91]        Stronger Futures in the Northern Territory (Alcohol Management Plans) Rule 2013, statement of compatibility, pp 9-10.

[92]        Stronger Futures in the Northern Territory (Alcohol Management Plans) Rule 2013, statement of compatibility, pp 11-12.

[93]       Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), pp 36-39.

[94]        Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), p 36.

[95]        Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), p 36.

[96]        Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), p 38.

[97]        Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), p 38.

[98]        Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), p 38.

[99]        Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), p 39.

[100]      These arrangements are established under Part 3B of the Social Security (Administration) Act 1999. The simplified outline of Part 3B of the Social Security (Administration) Act 1999 contained in that Act provides an overview of the income management regime following the enactment of the Stronger Futures package.

[101]      This category was added by the Stronger Futures legislation, namely section 123UFAA of the Social Security Amendment Act 2012.

[102]      For further details of the number and types of BasicsCards issued and the number of merchants where they may be used, see Closing the Gap in the Northern Territory Monitoring Report, January – June 2012, Part Two, pp 95-96.

[103]      Social Security Administration Act 1999, section 123TH.

[104]      Social Security Administration Act 1999, subsection 123TH(2).

[105]      Social Security Administration Act 1999, subsection 123TI (1).

[106]      Social Security Administration Act 1999, subsection 123TI (2).

[107]      Defined in section 123UCA of the Social Security Administration Act 1999 and the Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2012 [Principles]. The category may encompass persons who are 'experiencing an indicator of vulnerability'; these include financial exploitation, financial hardship, failure to undertake reasonable self-care, and homelessness or risk of homelessness: Principles, subsections 4(2) and 6(1).

[108]      Social Security (Administration) (Specified income management Territory - Northern Territory) Specification 2012, F2012L01613.

[109]     Social Security (Administration) (Specified income management Territory - Northern Territory) Specification 2012, F2012L01613.

[110]     Social Security (Administration) (Declared child protection State - New South Wales, Queensland, South Australia and Victoria) Determination 2012, F2012L01377.

[111]      This summary draws on the submission of the Australian Human Rights Commission to the Senate Community Affairs Legislation Committee. See Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, paras 148-159.

[112]      For its application to the Northern Territory, see Social Security (Administration) (Recognised State or Territory - Northern Territory) Determination 2012, F2012L01979.

[113]      Social Security (Administration) (Vulnerable income management areas) Specification 2012, F2012L01614; Social Security (Administration) (Declared income management areas) Determination 2012, F2012L01371. 

[114]    Social Security (Administration) – Queensland Commission (Family Responsibilities Commission) Specification 2012.

[115]    Social Security (Administration) (Declared income management area - Anangu Pitjantjatjara Yankunytjatjara lands) Determination 2012 F2012L01943.

[116]    Social Security (Administration) (Declared income management areas –Ngaanyatjarra Lands and Laverton) Determination 2013, F2013L00652

[117]      Australian National Audit Office, Administration of New Income Management in the Northern Territory, Report No. 19, tabled 31 January 2013, p 94.

[118]      Australian National Audit Office, Administration of New Income Management in the Northern Territory, Report No. 19, tabled 31 January 2013, p 95.

[119]      See FaHCSIA, Building Australia's Future Workforce - Targeted locations income management, Budget Factsheet, Budget 2011-12, June 2011.

[120]      Social Security Assessment, p 3.

[121]      Social Security Assessment, p 3.

[122]     Social Security (Administration) (Declared voluntary income management areas — New South Wales, Queensland, South Australia and Victoria) Determination 2012, explanatory statement, p 1.

[123]      Social Security Assessment, p 4.

[124]      In October 2011 there were 16,393 people in the Northern Territory who were subject to income management. The majority were on compulsory income management (11,960), while there were 4,190 on voluntary income management, 198 persons on vulnerable income management and 45 were subject to child protection income management. 91 per cent of those subject to income management were Indigenous, and almost all of those on voluntary or subject to vulnerable or children protection income management were Indigenous. 61 per cent of the population subject to income management were women. J Rob Bray et al, Evaluating New Income Management in the Northern Territory: First Evaluation Report [Evaluating New Income Management], July 2012 (Social Policy Research Centre, UNSW, Australian National University and Australian Institute of Family Studies),  p xvii.

[125]      Social Security Assessment, p 3.

[126]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, paras 173-174.

[127]      In its submission to the Senate Community Affairs Legislation Committee the Australian Human Rights Commission stated that, according to government statistics, as of March 2011 94.2% of people on income management in the Northern Territory were Indigenous, compared with an Indigenous population of 30% of the overall population of the Northern Territory. Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 172.

[128]     Social Security (Administration) (Declared income management areas —Ngaanyatjarra Lands and Laverton) Determination 2013, statement of compatibility, p 5.

[129]      Social Security Assessment, p 3.

[130]      Social Security Assessment, p 3.

[131]      Social Security Assessment, p 3.

[132]      See Senate Community Affairs Legislation Committee, Stronger Futures Report, paras 3.104-3.114.

[133]      Senate Community Affairs Legislation Committee, Stronger Futures Report, paras 3.115-3.117.

[134]      Social Security Assessment, p 3 (footnote omitted).

[135]      Social Security Assessment, p 4 (footnote omitted)

[136]      Social Security Assessment, p 4 (footnote omitted).

[137]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 1.92 (Dissenting Report).

[138]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 1.94 (Dissenting Report).

[139]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 1.96 (Dissenting Report).

[140]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 1.98 (Dissenting Report).

[141]      J Rob Bray et al, Evaluating New Income Management in the Northern Territory: First Evaluation Report [Evaluating New Income Management], July 2012 (Social Policy Research Centre, UNSW, Australian National University and Australian Institute of Family Studies), pp xviii-xix.

[142]     Joint letter from the Special Rapporteur on extreme poverty and human rights, Maria Magdalena Sepúlveda Carmona, and the Special Rapporteur on the rights of indigenous peoples, James Anaya to the Government of Australia, 9 March 2012.

[143]      Letter from Mr Paul Wilson, Australian Permanent Mission, Geneva, to Ms Maria Magdalena Sepúlveda Carmona, Special Rapporteur on extreme poverty and human rights, and Mr James Anaya, Special Rapporteur on the rights of indigenous peoples, 20 July 2012.

[144]      Assessment of Policy Objectives with Human Rights: Stronger Futures in the Northern Territory Bill 2012 and Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) 2012 and Assessment of Policy Objectives with Human Rights: Social Security Legislation Amendment Bill 2011, attachments to Letter from the Hon Jenny Macklin MP to the Hon Harry Jenkins MP, 27 June 2012.

[145]      Social Security (Administration) (Declared voluntary income management areas — New South Wales, Queensland, South Australia and Victoria) Determination 2012, explanatory statement, p 5.

[146]     National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, para 55.

[147]      National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, p 17.

[148]      J Rob Bray et al, Evaluating New Income Management in the Northern Territory: First Evaluation Report [Evaluating New Income Management], July 2012 (Social Policy Research Centre, UNSW, Australian National University and Australian Institute of Family Studies), p xix.

[149]      Evaluating New Income Management, p xx.

[150]      Evaluating New Income Management, p xxiii.

[151]      Evaluating New Income Management, p xxiii.

[152]      Evaluating New Income Management, p xxiv.

[153]      Senate Community Affairs Legislation Committee, Stronger Futures Report, paras 3.116-3.117.

[154]      Evaluating New Income Management, p xviii.

[155]      Evaluating New Income Management, pp xxiii-xxiv.

[156]      Evaluating New Income Management, p xxiii.

[157]      Evaluating New Income Management, p xxiv.

[158]      See Schedule 2 of the Social Security Legislation Amendment Act 2012. The SEAM was originally implemented by amendments made in 2008 to the Social Security (Administration) Act 1999 by the Social Security and Veterans' Entitlement Legislation Amendment (Schooling Requirements) Act 2008. The measures appear in Part 3C of the Social Security (Administration) Act 1999.

[159]      The Social Security Legislation Amendment Act 2012 inserted a new Division 3A into Part 3C of the Social Security (Administration) Act 1999, section 124NA.

[160]     Section 124D of the Social Security (Administration) Act 1999, defines a 'schooling requirement payment' to mean a social security benefit, a social security pension, or certain payments under the Veterans' Entitlements Act 1986. SEAM 'does not apply to family
payments such as Family Tax Benefit and Child Care Benefit, or to Carer's Allowance and Mobility Allowance.' Social Security Assessment, p 6.

[161]      Social Security (Administration) Act 1999, section 124NA.

[162]     Social Security (Administration) Act 1999, section 124NB. Subsection 124NC(7) provides that a school attendance plan 'must contain requirements, that the schooling requirement person is required to comply with, that the notifier considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan.'

[163]     Social Security (Administration) Act 1999, subsection 124NE(1). The payment will not be suspended if the Secretary 'is satisfied that there are special circumstances applying as at that day, as determined in accordance with the schooling requirement determination (if any), that justify the failure to comply'. Subsection 124NE(2).

[164]     Social Security (Administration) Act 1999, sections 124K, 124L and 124M.

[165]      Social Security (Administration) Act 1999, subsections 124NF(2) and (3).

[166]      Social Security (Administration) Act 1999, section 124NG.

[167]      Senate Committee on Community Affairs Legislation, Report, para 3.135; Social Security Assessment, p 5.

[168]     Australian Government, Stronger Futures in the Northern Territory, Six-Monthly Progress Report 1 July 2012 to 31 December 2012 (June 2013), pp 24-25.

[169]      Social Security Assessment, p 7.

[170]      'SEAM applies in the same way to any person receiving relevant income support payments in a designated SEAM area, regardless of race.' Social Security Assessment, p 6.

[171]      Social Security Assessment, p 3.

[172]      Social Security Assessment, p 7.

[173]      In its submission to the Senate Community Affairs Legislation Committee the Australian Human Rights Commission stated that, according to government statistics, as of March 2011 94.2% of people on income management in the Northern Territory were Indigenous, compared with an Indigenous population of 30% of the overall population of the Northern Territory. Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 172.

[174]      Social Security Assessment, p 6.

[175]      Social Security Assessment, p 2.

[176]      Social Security Assessment, p 5.

[177]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 3.136.

[178]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 3.149.

[179]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 3.149.

[180]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 192.

[181]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 192.

[182]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 193.

[183]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 194.

[184]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 194.

[185]      National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, para 93.

[186]      National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, para 89.

[187]      National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, para 89.

[188]      Senate Community Affairs Legislation Committee, Stronger Futures Report, para 3.152.

[189]      Social Security Assessment, p 6.

[190]      Social Security Assessment, p 7.

[191]      Social Security Assessment, p 5.

[192]      See Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, paras 185-190.

[193]      National Congress of Australia's First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills, February 2012, paras 87-88, 92.

[194]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 205.

[195]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 227.

[196]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 195.

[197]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, paras 198-199 (footnotes omitted).

[198]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, paras 220-224.

[199]      Australian Human Rights Commission, Stronger Futures in the Northern Territory Bill 2011 and two related Bills, Submission to the Senate Community Affairs Legislation Committee, 6 February 2012, para 200.

Top