Footnotes

Chapter 1 - Introduction

[1]        The appropriation bills provide for spending in excess of $580 million in 2007-2008 to implement the measures contained in the national emergency response.

[2]        The report is available at http://www.nt.gov.au/dcm/inquirysaac/pdf/bipacsa_final_report.pdf (accessed 9 August 2007).

[3]        House of Representatives Hansard, 7 August 2007, p. 7.

[4]        House of Representatives Hansard, 7 August 2007, p. 11.

[5]        Committee Hansard, 10 August 2007.

[6]        House of Representatives Hansard, 7 August 2007, pp 11-12.

[7]        Explanatory Memorandum, 'Outline'.

[8]        The measures in the National Emergency Response Bill generally apply in Northern Territory communities on: land scheduled under the Aboriginal Land Rights Act 1976; community living areas, which are located on a form of freehold title issued by the Northern Territory Government to Aboriginal corporations; town camps, in the vicinity of major urban areas, held by Aboriginal associations on special leases from the Northern Territory Government; and other areas prescribed by the Minister on advice from the Northern Territory Emergency Task Force.

[9]        Explanatory Memorandum, 'Outline'.

[10]      See further Senate Standing Committee on Legal and Constitutional Affairs, Crimes Amendment (Bail and Sentencing) Bill 2006, October 2006.

[11]      Explanatory Memorandum, 'Outline'.

[12]      Parliamentary Library, Northern Territory national emergency response Bills 2007 – interim Bills Digest no. 15, 2007-08, 7 August 2007, p. 20.

[13]      Explanatory Memorandum, 'Outline'.

[14]      The Minister and the Minister for Employment and Workplace Relations announced the CDEP program changes on 23 July 2007.

[15]      The measures in the National Emergency Response and Other Measures Bill generally apply to the same prescribed areas covered by the measures in the National Emergency Response Bill, that is: land scheduled under the Aboriginal Land Rights Act 1976; community living areas, which are located on a form of freehold title issued by the Northern Territory Government to Aboriginal corporations; town camps, in the vicinity of major urban areas, held by Aboriginal associations on special leases from the Northern Territory Government; and other areas prescribed by the Minister on advice from the Northern Territory Emergency Task Force.

[16]      Explanatory Memorandum, 'Outline'.

[17]      Explanatory Memorandum, 'Outline'.

[18]      Explanatory Memorandum, 'Outline'.

Chapter 2 - Key Issues

[1]        Committee Hansard, 10 August 2007.

[2]        Committee Hansard, 10 August 2007.

[3]        Committee Hansard, 10 August 2007.

[4]        Committee Hansard, 10 August 2007.

[5]        Committee Hansard, 10 August 2007.

[6]        Committee Hansard, 10 August 2007.

[7]        See for example Law Council of Australia, Submission 52, pp 1-2; Victorian Aboriginal Legal Service, Submission 92, p. 1; Central Australian Aboriginal Legal Aid Service, Submission 93, p. 1; Be Ward, Submission 106, p. 1; Ms V. Burns, Submission 107, p. 1.

[8]        Submission 51, p. 2.

[9]        Submission 60, p. 1.

[10]      See for example ACOSS, Submission 97, p. 1.

[11]      Submission 58, p. 1; see also Ms R Small, Submission 123, p. 1; Mr M Ramage QC, Submission 124, p. 1.

[12]      Submission 67, p. 3.

[13]      Submission 67, p. 17.

[14]      Committee Hansard, 10 August 2007.

[15]      Committee Hansard, 10 August 2007.

[16]      Minister for Families, Community Services and Indigenous Affairs, Media Release: First NT Emergency Response Taskforce Meeting, 30 June 2007, p. 2.

[17]      Submission 51, p. 1.

[18]      Committee Hansard, 10 August 2007.

[19]      Submission 52, p. 3.

[20]      Submission 39, p. 4.

[21]      Submission 52, p. 4.

[22]      Submission 52, p. 4.

[23]      Submission 67, p. 5.

[24]      Submission 47, pp 1-2.

[25]      Committee Hansard, 10 August 2007.

[26]      pp 1 & 76.

[27]      Ms R Webb QC, member of Law Council of Australia, answer to question on notice, received 12 August 2007, p. 1.

[28]      Ms R Webb QC, member of Law Council of Australia, answer to question on notice, received 12 August 2007, p. 1.

[29]      See, for example, Dr Sue Gordon, Northern Territory Emergency Task Force Leadership Group, Committee Hansard, 10 August 2007; the Hon John Cleary, Committee Hansard, 10 August 2007.

[30]      Committee Hansard, 10 August 2007.

[31]      The proposed changes to the permit system are an outcome of a review of the permit system conducted by FaCSIA from October 2006 to February 2007.

[32]      See, for example, the Hon Marion Scrymgour MLA, Northern Territory Minister for Family and Community Services, Committee Hansard, 10 August 2007; Combined Aboriginal Organisations of the Northern Territory, Committee Hansard, 10 August 2007; Amnesty International Australia, Submission 39, p. 4; Law Council of Australia, Submission 52, p. 9.

[33]      See, for example, Central Land Council and Northern Land Council, Committee Hansard, 10 August 2007.

[34]      Submission 84, p. 3.

[35]      Submission 84, p. 3.

[36]      Submission 32, p. 1.

[37]      Submission 60, p. 4.

[38]      Committee Hansard, 10 August 2007.

[39]      Committee Hansard, 10 August 2007.

[40]      House of Representatives Hansard, 7 August 2007, p. 8.

[41]      FaCSIA, Fact sheet: How does changing the permit system link to child sexual abuse?, tabled on 10 August 2007.

[42]      FaCSIA, Fact sheet: How does changing the permit system link to child sexual abuse?, tabled on 10 August 2007.

[43]      Submission 52, p. 10.

[44]      Opening statement of Professor Jon Altman, provided to the committee secretariat on 10 August 2007, p. 1. Schedule 3 of the National Emergency Response and Other Measures Bill allows the Commonwealth, Commonwealth authorities, the Northern Territory and Northern Territory authorities to retain an interest in buildings and infrastructure constructed or upgraded on Aboriginal land in the future where they fund the construction or major upgrade. Schedule 3 also provides a mechanism for the statutory rights to come to an end once the buildings and infrastructure are no longer required.

[45]      There are several provisions in the bills which relate to compensation for the compulsory acquisition of property. Perhaps the most significant are proposed sections 60 and 134 of the National Emergency Response Bill. 

[46]      Submission 101, pp 4-5.

[47]      Submission 101, p. 5.

[48]      Submission 101, p. 6.

[49]      Submission 52, p. 13; see also Gilbert and Tobin Centre of Public Law, Submission 40a, pp 4-6.

[50]      Committee Hansard, 7 August 2007.

[51]      FaCSIA, answer to question on notice 64, 12 August 2007.

[52]      Australian Broadcasting Corporation, Lateline, 26 June 2007, transcript accessed at: http://www.abc.net.au/lateline/content/2007/s1962845.htm on 11 August 2007; see also Staff of Kingfisher Organic Foods, Submission 103, p. 1.

[53]      Committee Hansard, 10 August 2007.

[54]      Committee Hansard, 10 August 2007.

[55]      Committee Hansard, 10 August 2007.

[56]      Committee Hansard, 10 August 2007.

[57]      Submission 38, p. 17.

[58]      Submission 38, p. 18.

[59]      House of Representatives Hansard, 7 August 2007, p. 5.

[60]      Committee Hansard, 10 August 2007.

[61]      Committee Hansard, 10 August 2007.

[62]      As outlined in Chapter 1, Schedule 1 of the Welfare Payment Reform Bill establishes income management regimes nationally, as well as specific regimes which are applicable only in the Northern Territory and Cape York.

[63]      Committee Hansard, 10 August 2007.

[64]      Submission 97, p. 4.

[65]      Submission 97, p. 4.

[66]      Submission 67, pp 11-12.

[67]      Submission 44, p. 2.

[68]      Committee Hansard, 10 August 2007.

[69]      Committee Hansard, 10 August 2007.

[70]      Committee Hansard, 10 August 2007.

[71]      Committee Hansard, 10 August 2007.

[72]      Committee Hansard, 10 August 2007.

[73]      Committee Hansard, 10 August 2007.

[74]      Committee Hansard, 10 August 2007. It should be noted that the initiatives relating to reducing the availability of alcohol in the National Emergency Response Bill extend beyond Indigenous communities – see for example proposed sections 20 to 22. 

[75]      Submission 3, p. 20.

[76]      Committee Hansard, 10 August 2007.

[77]      Committee Hansard, 10 August 2007.

[78]      Committee Hansard, 10 August 2007.

[79]      See also subclause 12(6) which imposes harsher penalties in relation to possession or supply of alcohol in prescribed areas where the volume of alcohol exceeds this amount.

[80]      Submission 41.

[81]      Australian Christian Lobby, Submission 2; Festival of Light, Submission 37.

[82]      Submission 37, p. 3.

[83]      Submission 38, p. 8.

[84]      Prime Minister of Australia, Media Release, 10 August 2007, accessed at: http://www.pm.gov.au/media/Release/2007/Media_Release24485.cfm

[85]      Minister for Communications, Information Technology and the Arts, Media Release, 10 August 2007, accessed at: http://www.minister.dcita.gov.au/media/media_releases/netalert_-_protecting_australian_families_online

Chapter 3 - Committee View

[1]        The Australian Christian Lobby draws a parallel between the prohibition of X18+ films and the replacement of regular petrol with Opal fuel to combat petrol sniffing. In both cases limiting the measure to the affected areas is ineffective. See Submission 2.

[2]        See Festival of Light, Submission 37.

[3]        Australian Broadcasting Corporation, Lateline, 6 August 2007, transcript accessed at: http://www.abc.net.au/lateline/content/2007/s1999216.htm on 11 August 2007.

[4]        See further Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2005, Productivity Commission, Canberra, 2005 at http://www.pc.gov.au/gsp/reports/indigenous/keyindicators2005/keyindicators2005.pdf (accessed 9 August 2007).

[5]        Committee Hansard, 10 August 2007.

Additional Comments by the Australian Labor Party

[1]        House of Representatives Hansard, 7 August 2007, p. 70.

[2]        FaCSIA, answers to question on notice 8 & 9, 12 August 2007.

[3]        Committee Hansard, 10 August 2007.

[4]        'Report authors see little changing from indigenous plan', AAP, 10 August 2007; see also 'Tactic a backward step say authors', The Australian, 11 August 2007, accessed at: http://www.theaustralian.news.com.au/story/0,25197,22225009-5013172,00.html

[5]        Submission 24, p. 3.

[6]        Submission 154, p. 3.

[7]        Submission 84, p. 3.

[8]        See for example Mr C Tangey, Submission 1.

[9]        Committee Hansard, 10 August 2007.

[10]      Committee Hansard, 10 August 2007.

[11]      Committee Hansard, 10 August 2007.

[12]      Committee Hansard, 10 August 2007.

[13]      Committee Hansard, 10 August 2007.

[14]      Submission 52, p. 4; see majority report at paragraphs 2.21 and 2.22.

[15]      Committee Hansard, 10 August 2007.

[16]      Committee Hansard, 10 August 2007.

[17]      Submission 3, p. iv.

[18]      Submission 38, p. 6.

[19]      Submission 38, p. 17.

[20]      Committee Hansard, 10 August 2007.

[21]      Submission 38, p. 9.

Dissenting report by the Australian Democrats

[1] Senate Committee Hansard, 10 August, 2007, page 51

[2] Noel Pearson, "Tricky Hunt for Common Ground", The Australian – 11 August, 2007

[3] John Cleary, Committee Hansard, page 83

[4] Pat Anderson, as quote in submission 108, Aboriginal Health & Medical Research Council of NSW, page 2

[5] Committee Hansard, 10^th August, 2007

[6] Jon Altman, Committee Hansard, 10 August, 2007. page 79

[7] Submission 125, Combined aboriginal Organisations of the Northern Territory, page 4

[8] submission 40, Gilbert +Tobin Centre of Public Law, page 2

[9] Committee Hansard, 10 August, 2007

[10] Submission 24, page 3. Police Federation of Australia

[11] Submission 25, page 2. Secretariat National Aboriginal Islander Child Care (SNAICC)

[12] Submission 24, Police Federation of Australia.

[13] 7:30 Report, 27 June, 2007

Dissenting report by the Australian Greens

[1] Submission by Central Land Council, Submission No.  84, p.2. 

[2] Hansard, p. 62.

[3] Submission by the Law Council of Australia, Submission No. 52, p. 1.

[4] Submission by the Law Council of Australia, Submission No. 52, p. 2.

[5] Submission of Human Rights and Equal Opportunity Commission, Submission No. 67, p. 4.

[6] Submission by the Law Council of Australia, Submission No. 52, p. 4.

[7] Hansard, p. 13.

[8]Attachment to Submission by Oxfam Australia, Submission No. 51, p.14.

[9] Attachment to Submission by Oxfam Australia, Submission No. 51, p.9.

[10] Submission by the Law Council of Australia, Submission No. 52, pp. 12-13.

[11] Submission of Human Rights and Equal Opportunity Commission, Submission No. 67, p. 14.

[12] Hansard, p. 67.

[13] Attachment to Submission by Oxfam Australia, Submission No. 51.

[14] Submission by Central Land Council, Submission No.  84, p. 3.

[15] Submission of National Welfare Rights Network, Submission No. 44, p.3.

[16] Submission of National Welfare Rights Network, Submission No. 44, pp. 4-5.

[17] Submission of Human Rights and Equal Opportunity Commission, Submission No. 67, p. 9.

[18] Hansard, p. 6 and Answer to Question on Notice No. 59.

[19] Hansard, p. 60.

[20] Hansard, p. 78.

[21] Hansard, p. 59.

[22] Hansard, p. 17.