Complaints

The Suspension and Reinstatement of the RDA and Special Measures in the NTER

The Suspension and Reinstatement of the RDA and Special Measures in the NTER

4. The 2010 Welfare Reform Act

The 2009 Welfare Reform Bill was passed unamended as the Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 (Cth) (2010 Welfare Reform Act).

Each of the sections identified in Annexure A to this note was repealed. Relevantly, the 2010 Welfare Reform Act purportedly restored the application of the RDA to the Northern Territory Intervention measures [29] and in place of the previous provisions deeming certain measures to be ‘special measures’, objects clauses were inserted in the form set out in Annexure B. Each clause states that the object of the Part is “to enable special measures to be taken” for particular purposes being alcohol restrictions, five-year leases, community store licensing [30] and prohibited material restrictions. [31]

However, because the Bill was passed unamended, the concerns raised by the Commission in relation to the Bill remain in relation to the 2010 Welfare Reform Act.

[29] Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Bill 2009 (Cth) sch 1
[30]   See ss 6A, 30A and 91 A of the NTER Act which purport to enable special measures to be taken to: reduce alcohol related harm in Indigenous communities in the Northern Territory, improve the delivery of services in Indigenous communities in the Northern Territory; promote economic and social development in those communities and to promote food security for certain Indigenous communities in the Northern Territory and  enhance the contribution made by community stores in the Northern Territory to achieving food security for certain Indigenous communities.
[31] See s. 98A Classification (Publications, Films and Computer Games) Act 1995 which states that: ‘the main object of this Part is to enable special measures to be taken to protect children living in Indigenous communities in the Northern Territory from being exposed to prohibited material’.