NTPA, NAAJA concerned over NT’s stand-alone curfew laws
‘Every Territorian should be concerned’ about moves to make it easier to impose lockdowns, a legal body has warned, while the police union remains in the dark about what it means for the force.
Northern Territory
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The Territory police union says it does not know what proposed stand-alone curfew laws would mean for the force, while the NT’s main Aboriginal legal aid warns a lack of policy consultation could hurt vulnerable youths.
Police Minister Brent Potter introduced the Police Legislation Amendment Bill 2024 to Parliament on Thursday, which will enable curfews to be imposed based on “operational assessments” made by police.
The Alice Springs youth curfew was enacted under the Emergency Management Act, prompting some concern it may not have met the legal threshold for the snap measures to be introduced.
Mr Potter denied the move to stand-alone curfew laws was prompted by any legal concerns,
and that the new laws provided greater flexibility for police to call and enforce a lockdown.
The Northern Territory Police Association said it supported the Alice Springs curfew, but did not know whether this week’s laws would help or hinder the force.
“I would love to comment on the legislation, but I haven’t been briefed in relation to the legislation and the legalities of it, how it will actually work,” president Nathan Finn said.
“Whether it’s removing a youth from inside a curfew area, or moving someone else, or giving lawful direction to make sure they’re doing the right thing … our main argument is to make sure our members are protected.
“We want to make sure they’re protected and they’re supported in doing what they need to do, because we all know they feel under-supported and under-resourced, so we want to make sure the legislation is appropriate.”
The North Australian Aboriginal Justice Agency said the curfew laws were “alarming”.
“We are extremely concerned by the lack of consultation ahead of this decision being taken, especially due to the risk that curfews pose to vulnerable young people,” a spokeswoman said.
“The government seeking to rush through this legislation now seems to be an admission that the Emergency Management Act was not a proper basis to enact a curfew.
“There is no evidence that curfews reduce youth offending.
“In fact, unnecessary early contact with the criminal justice system increases the chances of a young person having ongoing contact with police and prisons.
“There are so many unanswered questions – including what is the threshold for triggering police to enforce a curfew, what are the penalties involved for breaching the curfew, and what is happening to children who are picked off the street.
“The long-term impact is likely to be extremely high ongoing costs to taxpayers for police and possibly private security firms to monitor proposed curfews.
“There are many sensible, evidence-based initiatives the government could be doing to tackle youth anti-social behaviour — curfews are not one of them.
“Every Territorian should be concerned about the government expanding their own powers to control people’s freedoms.”
Deputy Chief Minister Chansey Paech, who was previously outspoken against curfew measures, said the government’s policy was a result of “a clear, considered, very thought out process”.
“This is actually an evidence based approach that has seen a curfew introduced in Alice Springs, a much needed circuit breaker and interim measure,” Mr Paech told Question Time.
“We know that long-term indefinite curfews don’t work, but those short term curfews absolutely do.”
Mr Paech said short-term curfews gave policymakers a chance to work with community stakeholders and arrange community responses: “And that’s the legislation that I am very proud of”.
The Bill will be debated next week and is expected to pass with CLP support.
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