Latest / 360 with Katie Woolf / Concerns about a lack of consultation with communities over alcohol restriction changes
Transcript
- 0:00Speaker 1: We do know that as of the sixteenth of July,
- 0:03Speaker 1: legislation on the restriction of alcohol in three hundred and
- 0:07Speaker 1: forty four areas where First Nations people live is going
- 0:10Speaker 1: to expire in the Northern Territory. Now c to you,
- 0:14Speaker 1: Professor of Law Elizabeth Spencer says that Indigenous and non
- 0:17Speaker 1: Indigenous organizations have come out against lifting the restrictions without
- 0:22Speaker 1: first consulting with the First Nations communities that it affects.
- 0:25Speaker 1: Now joining me on the line right now is Professor
- 0:28Speaker 1: Elizabeth Spencer. Good morning to you.
- 0:31Speaker 2: Good morning, Katy, thanks for having me.
- 0:33Speaker 1: Yeah, thank you so much for your time, Professor. What
- 0:36Speaker 1: are your concerns regarding the changes to these alcohol restrictions.
- 0:42Speaker 2: Thanks Katie. So I'm not so much voicing my own
- 0:47Speaker 2: concerns as as noting that it's been a concern that's
- 0:55Speaker 2: been expressed by several Indigenous community groups and leaders calling
- 1:00Speaker 2: for the bands to stay and at the very least
- 1:03Speaker 2: calling for increased consultation with communities. So we're talking about
- 1:10Speaker 2: you know, a range of groups and also the Australian
- 1:15Speaker 2: Human Rights Commissioner June oscar all saying that that more
- 1:20Speaker 2: consultation was needed and the listing of the bands is
- 1:23Speaker 2: can can host serious risks?
- 1:25Speaker 1: Yeah. We have certainly had a few of those groups
- 1:28Speaker 1: on the show over the last couple of months raising
- 1:32Speaker 1: those issues and you know, talking about the worries that
- 1:36Speaker 1: they have once alcohol is able to flow back into
- 1:39Speaker 1: those communities. Elizabeth, what's the I mean the government has
- 1:44Speaker 1: said that it's going to be a community led response
- 1:46Speaker 1: with elders and leaders to have their say on whether
- 1:49Speaker 1: alcohol is permitted or restricted. Is that happening from your
- 1:53Speaker 1: perspective and from the research you've done, From.
- 1:56Speaker 2: What I can tell, very little consultation has happened. So
- 2:00Speaker 2: we've known, the community has known for the past ten
- 2:04Speaker 2: years since Stronger Futures legislation came in that there would
- 2:09Speaker 2: be a sunset clause and it would the ban would
- 2:12Speaker 2: lift completely in roughly three hundred and fifty communities in
- 2:19Speaker 2: town camps and homelands as of midnight July sixteenth, So
- 2:27Speaker 2: the levels of consultation appear to have been minimal. The
- 2:32Speaker 2: Commonwealth government has not proposed any alternatives, and so what
- 2:38Speaker 2: the Northern Territory government has done is come in with
- 2:41Speaker 2: some opt in legislation was passed in late May and
- 2:45Speaker 2: it suggests that this will empower communities by giving them
- 2:50Speaker 2: the option to opt back into bands, but there is
- 2:54Speaker 2: a process that they need to go through, and providing
- 2:58Speaker 2: that legislation in late May and suggesting that they need
- 3:01Speaker 2: to go through the entire process file their applications. Just
- 3:04Speaker 2: just generating the awareness between late May and sort of
- 3:09Speaker 2: the end of June when you'd have to launch your
- 3:12Speaker 2: will large your application would be tough.
- 3:15Speaker 1: Well, this is the thing and we're just weeks a
- 3:17Speaker 1: why now it is? You know, it's about twelve days
- 3:19Speaker 1: twelve thirteen days before this is going to certainly forge
- 3:23Speaker 1: a head. Are you aware of any particular communities that
- 3:27Speaker 1: do want to stay dry? Or what's the you know what?
- 3:29Speaker 1: What are you being told at this point?
- 3:33Speaker 2: So there's a real hue and cry, and I would
- 3:37Speaker 2: refer people to the joint media release of the Central
- 3:40Speaker 2: Australian Aboriginal Congress, the head of NAJA, the Aboriginal Medical
- 3:47Speaker 2: Services Alliance of the Northern Territory, the Northern Territory Council
- 3:51Speaker 2: of Social Services, even the Northern Territory Police, who, according
- 3:55Speaker 2: to the legislation, have a lot to do with as
- 3:59Speaker 2: you would know, a lot to do with the enforcement
- 4:02Speaker 2: of alcohol bands in the communities, and the different kermit
- 4:06Speaker 2: systems and so on. There's a real mosaic of of
- 4:09Speaker 2: of different regulation and different different bands, different kermits across
- 4:16Speaker 2: general restricted areas, alcohol protected areas. So there's there's, you know,
- 4:21Speaker 2: a complexity to this, and and I think that there's
- 4:26Speaker 2: so many organizations that are saying we need more consultation,
- 4:30Speaker 2: we need more information. I'm not aware of a lot
- 4:33Speaker 2: of groups that are that are saying that they think
- 4:38Speaker 2: that the listing of the bands outright without any without
- 4:41Speaker 2: any consultation, without any further uh support for what happens next.
- 4:47Speaker 2: You know, I'm not aware of a lot of a
- 4:49Speaker 2: lot of support for that. If if there is, I
- 4:52Speaker 2: suppose you'll be hearing about it after this.
- 4:54Speaker 1: Yeah, well this is the thing. I've no doubt that
- 4:56Speaker 1: we will. And you know, I guess the concern here
- 4:59Speaker 1: is what is going happen, you know, come July seventeen
- 5:02Speaker 1: in some of those communities. What are some of those
- 5:05Speaker 1: fears at this point, professor, Well, already, you.
- 5:10Speaker 2: Know, Australia has among the highest levels of alcohol consumption
- 5:15Speaker 2: in the world already, and the Northern Territory has another
- 5:19Speaker 2: fifty percent higher levels of alcohol consumption per capita than
- 5:23Speaker 2: Australia generally we have five to six times and that's
- 5:28Speaker 2: probably a conservative estimate of emergency department presentations, assault road accidents.
- 5:35Speaker 2: Who knows what caused the accident last night, family violence,
- 5:38Speaker 2: child abuse, a drop in school attendance performance, all kinds
- 5:43Speaker 2: of health issues, and the fraying of already fragile social infrastructure.
- 5:48Speaker 2: So those are the risks that need to be addressed
- 5:51Speaker 2: by the community as a whole.
- 5:52Speaker 1: There will certainly be some people listening this morning who
- 5:55Speaker 1: are thinking, you know, why shouldn't Aboriginal people living in
- 5:58Speaker 1: communities have the same right says the rest of us.
- 6:03Speaker 2: Yeah, and you know that's a really interesting question. Right
- 6:06Speaker 2: and responsibilities go together. And I think we we live
- 6:11Speaker 2: in an era where we have the capability in our
- 6:16Speaker 2: society to consult and to formulate policy that is actually
- 6:24Speaker 2: appropriate for particular communities in consultation with those communities. And
- 6:29Speaker 2: I think that's what's being asked for here. I'm a
- 6:32Speaker 2: planner by trade as well, and I remember in the
- 6:35Speaker 2: early days of my career working with city plans and
- 6:39Speaker 2: so on, and we would do a lot of facilitation,
- 6:42Speaker 2: a lot of consultation upfront. And I used to say, well,
- 6:46Speaker 2: why do we have to do this. It's so expensive,
- 6:48Speaker 2: it's so time consuming. But what you do is you
- 6:51Speaker 2: build understanding, you build consensus, You create genuine appropriate kinds
- 6:58Speaker 2: of responses you real need when you do when you
- 7:03Speaker 2: take the time and make the effort, any investment, frankly
- 7:07Speaker 2: of doing that upfront consultation.
- 7:09Speaker 1: Well, Charles Darwin University Law professor Elizabeth Spencer, we really
- 7:13Speaker 1: appreciate your time this morning. Thanks very much for having
- 7:16Speaker 1: a chat with us.
- 7:17Speaker 2: Thanks so much, Katie, I'm the best.
- 7:19Speaker 1: Thank you