Laws reinstating Aboriginal community alcohol bans have passed Northern Territory parliament following a frenzied national debate, and months after they abruptly lapsed despite the protests of leading Aboriginal voices and services.
Key points:
- The bans prohibit takeaway alcohol in town camps and Aboriginal communities that are not already dry by choice
- Labor says the laws will take effect by the end of the week
- Independent MLA Yingiya Guyula is raising concern about the process for new alcohol plans
The legislation passed parliament on Tuesday night only hours after it was introduced and is expected to take effect by the end of the week.
It will mean takeaway alcohol is again prohibited in the Aboriginal town camps or remote communities that were made dry as part of the 2007 Intervention.
Communities will be able to apply to change or exit the restrictions if a majority of residents agree on a plan that is then approved by the government.
The opposition Country Liberal Party (CLP) supported the legislation and said the government had been forced by its federal counterparts to act.
Alice Springs-based opposition whip Josh Burgoyne said victims of crime and violence had paid the price for Labor's "misguided agenda" around the expiry of the bans in July last year.
"Today's legislation is proof that the Fyles Labor government got it wrong," Mr Burgoyne told parliament.
"The only thing missing is acknowledgement from the chief minister — an acknowledgement that I certainly won't be holding my breath for."
At the time, Territory Labor blamed the former Coalition government for failing to plan a transition out of the federal bans and said it would not continue race-based restrictions.
The reinstatement of the bans was one of two recommendations made in the snap review commissioned by Prime Minister Anthony Albanese when crime in Alice Springs was dominating national headlines last month.
The other, echoing long-running calls for needs-based funding to address the underlying causes of alcohol addiction and crime, has not been addressed.
New laws set out process to end bans
Under the new legislation, the licensing director can approve community alcohol plans that have the support of 60 per cent of adult residents.
There is a requirement to consult police, the government and the relevant local health organisation before approval is granted.
In her speech on the bill, Chief Minister Natasha Fyles said other restrictions her government had already put in place were working in Alice Springs.
"What this bill does is it provides a pathway [out of an alcohol ban] that is robust but it also provides a pathway for that community voice to be heard," she told parliament.
"And then people need to respect that community voice and stop playing politics with this issue, and focus on the long-term harm reduction and long-term investment for generational change."
But Nhulunbuy MLA Yingiya Guyula questioned how the consensus model had been developed and said it disregarded First Nations decision-making.
"An arbitrary number of 60 per cent of the community in a vote does not allow for community decision-making processes, whereby elders and leaders — men and women — make decisions for our communities," he said.
He echoed the widespread criticism of the handling of the bans' expiry in July.
"The government should have assisted communities to create community alcohol plans before the prohibition was lifted," he said.
"That way, the government would not be reintroducing prohibition on these communities now."
The return of temporary bans has been welcomed by some in communities visited by the ABC and caused pain and disappointment in others.
Attorney-General Chansey Paech, who argued strongly against the continuation of Intervention-style policy ahead of the expiry of the bans, did not speak on the legislation on Tuesday night.