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Lawyers raise concerns about new ‘common sense’ curfew law in NT
In an effort to reduce crime and ensure public safety, the Northern Territory government has enacted a new curfew legislation. However, the new bill has sparked concerns among legal advocates regarding its implications.
Grace Robbie
The Northern Territory government recently passed the Police Legislation Amendment Bill 2024 as part of its ongoing plan to reduce crime rates and enhance community safety.
The Lawler government also proclaimed that the legislation would “provide police with special powers to control the movement of persons within declared areas while a public disorder declaration is in effect”.
The enactment of this legislation follows the recent lift of a three-week youth curfew in Alice Springs, which prohibited individuals under 18 from entering the town’s central area between 6pm and 6am.
NT Chief Minister Eva Lawler expressed that the enactment of this legislation is in line with the government’s priority to “keep Territorians safe” and imposing this legislation was a “common sense decision”.
Lawler said: “There has been a lot of talk, over many years, about introducing a curfew in parts of the territory. It was my government that introduced the youth curfew in Alice Springs, and it is my government who have now passed new laws to keep Territorians safe.”
NT Minister for Police Brent Potter outlined how this legislation will allow NT police officers to “enact their powers quicker and more effectively to keep Territorians safe”.
“Curfews will be used when needed and when serious. We don’t want Territorians living in fear,” Potter said.
However, the new legislation has raised concerns among leading youth and legal advocates due to its lack of critical details, which could potentially jeopardise the safety of individuals.
Jared Sharp, the principal legal officer at the North Australian Aboriginal Justice Agency (NAAJA), expressed his concerns regarding the government’s rationalisation of the new legislation by questioning the necessity of the new law.
“It is unclear to NAAJA precisely what the government is aiming to achieve with the legislation given that existing laws are in place to deal with violent acts, or threats of violent acts, in public,” he said.
Sharp underscored how the NAAJA attained issues surrounding the “unprecedented power” granted to NT police officers through this legislation and the potential consequences it may bring about.
“NAAJA believes legislation that will give police unprecedented powers to lock down communities and prevent people from going about their business is an absolute overreach,” Sharp said.
Sharp also expressed the NAAJA’s fear that the new legislation could potentially be used in a “discriminatory manner” and impact the rights of certain groups.
“We are concerned that the criteria for making a public order declaration – a ‘riot’ or ‘civil disturbance’ – are broad and vague and open to interpretation and potential abuse,” Sharp said.
In light of the previous ineffectiveness of implementing curfews to address crime, Sharp suggests that the NT government should prioritise alternative measures to effectively address crime.
“Evidence worldwide suggests curfews are ineffective when it comes to reducing crime and that they disproportionately impact those who are disadvantaged or vulnerable.
“NAAJA has urged the government to instead focus on tackling the drivers of offending, as well as programs to support young people to escape the cycle of offending. There are many smarter, evidence-based initiatives the government could be pursuing to tackle youth antisocial behaviour,” Sharp said.
The Law Society of NT has also expressed similar concerns as those raised by Sharp and the NAAJA by underscoring “the broad and sweeping nature of the powers invested in the Police Commissioner, which have the potential to target vulnerable and marginalised groups within the community”.
The organisation also said that, “if enacted, the society’s focus will turn to ensuring that the curfew laws are not inappropriately imposed”.
