The Suspension and Reinstatement of the RDA and Special Measures in the NTER
- Return to table of contents
- 1. Background: suspension of the Racial Discrimination Act 1975 (Cth) (RDA) under the NTER Legislation
- 2. Proposed change in the 2009 Welfare Reform Bill
- 3. The Senate Community Affairs Legislation Committee Inquiry into the 2009 Welfare Reform Bill
- 4. The 2010 Welfare Reform Act
- 5. Conclusion: outstanding issues since the 2010 Act
- 6. Postscript
- Annexure A Special measures and application of discrimination law to NTER legislation
- Annexure B Objects clauses dealing with special measures
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Each of the sections identified in Annexure A to this note was repealed.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  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  and prohibited material restrictions. 
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.