04.19 am, Friday May 25 2012

NT intervention won't work: ex-justice

12:34 AEDT Wed Feb 15 2012
By Lisa Martin
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A second round intervention in the Northern Territory would racially discriminate against Aboriginal people and fail any potential High Court challenge, a former chief justice says.

As the federal government prepares for a debate on its Stronger Futures legislation in the House of Representatives in Canberra on Thursday, a rights group has warned that its approach is flawed.

If passed, the legislation will extend measures brought in under the former Howard coalition government's NT intervention policy that targeted Aboriginal communities.

The Labor government plans to continue alcohol restrictions and introduce 18-month jail terms for Aboriginal people caught carrying more than 1.35 litres of alcohol and six-month sentences for possessing booze in certain areas.

There will also be a territory-wide extension of a controversial pilot scheme that links school truancy with cuts to parents welfare payments.

A departmental evaluation released in February found the trial in 14 NT schools and 30 Queensland schools did not improve school attendance.

Former Family Court chief justice Alastair Nicholson, from the group Concerned Australians, believes the proposed measures won't comply with the Racial Discrimination Act.

He predicts they will fail if challenged in the High Court because the government's consultations have failed to seek proper informed consent from Aboriginal communities.

"If a High Court challenge was made there's a fair chance it would get up," he told AAP.

"It's a very expensive and lengthy process and would no doubt require people to work on a pro bono basis and I think the government is relying on the fact that it's complicated to do."

Mr Nicholson also said there was a real danger more people could be incarcerated if the laws passed and that judges would not be allowed to take into account the background and culture of Aboriginal people during sentencing.

Indigenous people already make up a quarter of the Australian prison population.

In Melbourne on Wednesday, Mr Nicholson launched a Concerned Australians' NT Consultations 2011 Report, which contains transcripts of the views of indigenous people gathered during community consultations last year.

Federal indigenous affairs minister Jenny Macklin and her department have not released any transcripts from the 73 consultations.

But Mr Nicholson said the government's claim there was strong support from Aboriginal communities for its plans appeared "doubtful".

Transcripts seen by AAP show many Aboriginal people from different regions want to see a return of community control.

There were repeated calls to end discrimination against small homeland communities missing out on money for houses in favour of bigger towns, and demands for bilingual education to be reintroduced to NT schools.

"When you are told that you're not allowed to learn in your own [language]... you feel shame," an Aboriginal woman told the Kintore consultation.

 

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