Northern Territory Safe Measures Bill 2023

High-Level Summary
The Northern Territory Safe Measures Bill 2023 aims to reinstate lapsed alcohol-related safety measures to reduce alcohol-related harm and violence in vulnerable communities across the Northern Territory.

Summary

The Northern Territory Safe Measures Bill 2023 seeks to reinstate provisions from the Stronger Futures in the Northern Territory Act 2012 that lapsed in July 2022. It allows for the creation of alcohol protected areas and supports the development of Alcohol Management Plans (AMPs) led by the Northern Territory Government. The Bill requires Commonwealth oversight to ensure consistency with human rights and is aligned with the Racial Discrimination Act 1975. The Bill includes provisions for a Senate Review of the laws' effectiveness and allows the Commonwealth Minister to intervene when licensed premises contribute to significant alcohol-related harm. The Bill aims to reduce alcohol-related harm, particularly to Aboriginal communities, and includes severe penalties for breaches.

From the explanatory memo: 'The Bill provides a framework for community-led development of AMPs, with Commonwealth oversight to ensure plans are local and driven by community needs, and meet objectives consistent with human rights.'

Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy
  3. Egalitarianism

The Northern Territory Safe Measures Bill 2023 should be supported because it aims to provide vulnerable communities, particularly Aboriginal communities, with enhanced safety and reduced alcohol-related harm. The Bill aligns with the principles of non-discrimination by preserving the operation of the Racial Discrimination Act 1975 and supports the democratic principle of community-led initiatives through Alcohol Management Plans [Judgment]. It also promotes egalitarianism by addressing disparities in health and safety outcomes caused by alcohol abuse.

The Bill's framework for community-driven Alcohol Management Plans empowers communities to take charge of their safety and well-being, fostering a sense of ownership and responsibility. The Commonwealth oversight ensures that these plans are consistent with human rights and effectively address the community's needs.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection

While the Northern Territory Safe Measures Bill 2023 seeks to address serious issues, it can be argued that the reinstatement of measures from the Stronger Futures in the Northern Territory Act 2012 may not adequately consider the lessons learned from its past implementation failures. Critics may argue that the Bill could perpetuate paternalistic controls that do not sufficiently empower communities in the long term. The reliance on Commonwealth oversight may also be seen as undermining the autonomy of local governance structures and could lead to a one-size-fits-all approach that may not be effective in all communities [Judgment].

Additionally, there is a concern that the Bill's provisions could lead to stigmatization of Aboriginal communities, further entrenching social divisions rather than promoting inclusive solutions.


Date:

2023-02-07

Status:

Before Senate

Sponsor:

NAMPIJINPA PRICE, Sen Jacinta

Portfolio:

Unspecified

Categories:

Criminal Law Reform, Discrimination / Human Rights, Social Support / Welfare

Timeline:
07/02/2023
23/03/2023

Comments (0)