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Analysis: Four burning questions the first sitting week of the 15th Legislative Assembly leaves us

The first week of parliament is winding up, with the new CLP government making significant headway on its law and order agenda. We’ve learnt a lot – but these are the questions that remain, writes Alex Treacy.

Chief Minister Lia Finocchiaro at the official Opening and First Meeting of the 15th Legislative Assembly of the Northern Territory.' Picture: Pema Tamang Pakhrin
Chief Minister Lia Finocchiaro at the official Opening and First Meeting of the 15th Legislative Assembly of the Northern Territory.' Picture: Pema Tamang Pakhrin

The new CLP government has wasted no time, wielding its super-majority in the 15th Legislative Assembly to pass Declan’s Law and make significant headway on its three other law and order bills.

With the first sitting week nearly done and dusted, we now have a clearer picture of what the CLPs agenda entails, and how the new Labor opposition will respond.

These are the four burning questions that remain.

Prisons are overflowing – so where will all the new remand prisoners go?

Chief Minister Lia Finocchiaro concedes that the new presumptions against bail will result in more accused people being remanded in pre-sentence custody.

That’s fair enough – but where will we house all these new remand prisoners?

The Territory’s two jails already contain hundreds more inmates than they were designed to hold, so much so police watch houses are forced to hold prisoners.

The CLP has plans to build two new women’s prisons and two adult prisoner work camps, which will ease the pressure, but this infrastructure is years away.

What do we do in the meantime?

How will the courts manage Declan’s Law?

Judges don’t like it when accused people spend more time on remand than they would actually be sentenced to, should they plead or be found guilty.

They really don’t like it.

So much so they – and criminal defence lawyers – frequently cite court delays as a reason for granting bail.

CLP ministers Steve Edgington and Marie-Clare Boothby, alongside Samara Laverty and Chief Minister Lia Finocchiaro, discussing the progress of Declan's Law, October 16, 2024. Picture: Alex Treacy
CLP ministers Steve Edgington and Marie-Clare Boothby, alongside Samara Laverty and Chief Minister Lia Finocchiaro, discussing the progress of Declan's Law, October 16, 2024. Picture: Alex Treacy

And delays are an almost permanent feature of our clogged NT courts, with the average length of time to conclude lower court matters involving prisoners on remand ballooning from 55 to 100 days, and only two-in-three matters in those courts resolving within the targeted six-month time frame.

With jail sentences for a variety of violent offences often only running to a few months, might it be that judges find that lengthy court delays are a reason for overcoming the presumption against bail, thereby rendering this aspect of Declan’s Law moot?

How many principals will stomach police wanding for knives at their schools?

One of the more controversial elements of Declan’s Law, according to the opposition and crossbench, is the new ability for NT Police to scan people for edged weapons at schools.

Although other states such as Queensland and New South Wales have moved to increase police wanding powers, they do not extend to schools.

Education Minister Jo Hersey told the assembly the new laws would only be used at schools with the principal’s consent.

But how many principals will actually be game to welcome cops onto the campus?

Minister Jo Hersey at the official Opening and First Meeting of the 15th Legislative Assembly of the Northern Territory.' Picture: Pema Tamang Pakhrin
Minister Jo Hersey at the official Opening and First Meeting of the 15th Legislative Assembly of the Northern Territory.' Picture: Pema Tamang Pakhrin

When will Dheran Young find his voice?

Opposition is hard.

It’s even harder when your parliamentary party consists of a rump of four survivors.

With Manuel Brown a typically reserved character, and Chansey Paech divisive to large parts of the electorate, Opposition Leader Selena Uibo and her deputy Dheran Young will need to do a lot of the heavy lifting.

Minister Dheran Young at the official Opening and First Meeting of the 15th Legislative Assembly of the Northern Territory.' Picture: Pema Tamang Pakhrin
Minister Dheran Young at the official Opening and First Meeting of the 15th Legislative Assembly of the Northern Territory.' Picture: Pema Tamang Pakhrin

Yet while Ms Uibo has performed well this week, Mr Young (who is admittedly still a relative newcomer to the assembly) has been somewhat missing in action.

If Labor is to land any blows on a confident and assured CLP government, he needs to find his voice.

Originally published as Analysis: Four burning questions the first sitting week of the 15th Legislative Assembly leaves us

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Original URL: https://www.adelaidenow.com.au/news/northern-territory/analysis-four-burning-questions-the-first-sitting-week-of-the-15th-legislative-assembly-leaves-us/news-story/6fe6a2665bcb0e873f13ec2edea1470e