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Northern Territory Emergency Response (NTER)
Monitoring Report

4. Promoting Law and Order

Fundamental to functional and resilient individuals and families is an environment safe from violence and abuse.

Personal safety in local communities and respect for law and order builds trust between individual members. It is the interrelationships between people in a local community that helps foster a commitment to change their circumstances and work with all governments to achieve outcomes for each other.

The consequences of substance misuse for an individual can be devastating, such as poor parenting, neglect of children, violence and sexual abuse and imprisonment.

4.1  Police

The discussion and analysis in this section is based on data supplied by the Northern Territory Police and the Northern Territory Department of Justice.

The NTER was principally addressed to the safety and well-being of children. It is particularly difficult to collect and report outcomes for this objective; however, some data are available and is reported below. Of course, the short-term impact of the NTER may be to increase reported crime and it is important to ‘see through’ such a short-term effect. If people in the NTER areas are more able to report crimes, then in the long run this is likely to have a positive effect as perpetrators will be more likely to be apprehended.

While data on assault and violent crime largely reflects crimes committed against adults, a general normalisation of violence is not good for children or adults and creates an environment in which crimes against children are more likely to occur. There is significant evidence that violence is normalised in many remote Indigenous communities 7. Much violence remains unreported in official data and this needs to be kept in mind in interpreting the data provided below.

Sixty three additional police have been deployed since the NTER was announced in June 2007; 45 Australian Federal Police (AFP) and interstate police and 18 NT police. At 6 May 2009, four permanent Police Stations have been upgraded and 18 temporary Themis Police Stations have been established in the 18 Operation THEMIS communities (some of these communities did not have a police presence prior to the NTER). The additional police presence meant that the recording of all incidents across all categories rose, particularly in the 18 communities where Operation THEMIS is in place.

Police Data – NTER Communities

The tables in this section show the high number of incidents 8 (incidents may not be prosecuted) reported to police for the NTER communities; particularly for person‑related domestic violence (total domestic violence includes alcohol-related domestic violence).

Indigenous Australians are over-represented in crime data in the NT. For example, Indigenous Australians accounted for 85.8% of assault lodgements filed in court for hearings in 2008, despite only accounting for around 32% of the NT population. Most of these matters relate to offences committed in major population centres of the NT and not the NTER communities.

The data provided below is provided by the NT Police and covers the six months to the end of December 2008 and the equivalent period in 2007.  The last Monitoring Report provided a detailed comparison between 2006-07 and 2007-08.

Alcohol and Substance Abuse  Incidents

There was a small increase in the number of alcohol-related incidents reported to the police across the NTER region from 1,994 in the last six months of 2007 to  2,180 in the last six months of 2008 (Table 4.1.1 below). It is worth noting that more than 100% of the increase was accounted for by the Themis communities.  This means that non-Themis communities must have had some decreases in incidents during the period.

The number of substance abuse incidents in the NTER area rose from 177 in the last six months of 2007 to 224 in the last six months of 2008.

Table 4.1.1.  Alcohol, Drug, Domestic Violence and Substances Related Incidents – NTER Region
6 months to end Alcohol related Substance Abuse related
December 2007 1994 177
December 2008 2180 224

Source: NT Police Data

Domestic Violence

The level of domestic violence reported to police across the NTER Area remains high. The number of domestic violence related incidents reported to police rose from 902 in the last six months or 2007 to 1163 in the last six months of 2008.  In the 18 Themis communities, the level of reported domestic violence incidents increased significantly, from 120 in the last six months of 2007 to 266 in the last six months of 2008.  The Themis communities accounted for 55% of the increase in the total number of domestic violence incidents from the last six months of 2007 to the second six months of 2008.

NT Department of Justice data records 33 actual convictions for breach of a retraining order across the NTER communities in the second half of 2008 compared to 43 in the second half of 2007 9.

It is difficult to reach definitive conclusions on the incidence of violence in communities based on police data as the level of reporting has probably increased, particularly in the Themis communities.

Assault

There is a high level of assault (relative to population size) across the NTER communities but there is little evidence of any increase in the number of cases lodged in court or convictions since the introduction of the NTER.  For example in the 18 months to the end of December 2008 there were 776 assault cases lodged in court for hearing that related to alleged offences committed in the NTER communities. The equivalent figure in the 18 months ended December 2006 was 774.  It is true that the number of assault  cases lodged in court that related to alleged offences committed in the NTER communities was considerably higher in the 6 months to the end of December 2008 (290) than in the equivalent period of 2007 (246) but it is worth noting that in the equivalent period of 2006 the number was 295. In other words the higher number in the six months to the end of December 2008 may simply reflect normal variability.  More time is required to reach any firm conclusions.

In the 18 months to the end of December 2008 there were 480 convictions for assaults committed in the NTER communities.  The equivalent figure for the 18 months ended December 2006 was 466.

There may appear, at face value, to be an apparent contradiction between the strong increase in domestic violence incidents reported to police since the commencement of the NTER and uncertainty over whether the actual number of assault cases lodged in court has increased.  However, there is no real contradiction.

A number of factors should be considered here.  The Northern Territory Police Violent Crime Reduction Strategy guides a strict reporting regime so that all disturbances (including assault offences) involving domestic participants are recorded as ‘Domestic Incidents’. One objective of the strategy is to increase the rate of reporting of what is widely understood to be an under-reported category of crime.  Any increase in reporting then, may reflect increased confidence or capability to report to Police rather than an increase in the underlying offending.

Another factor that has particular impact for domestic violence relates to the Police intervention once a report of domestic violence is made.  Often the circumstances involve a situation where the parties are intoxicated and sometimes there is an absence of witnesses to the event.  This presents obstacles to a successful prosecution.  Additionally, victims are often reluctant to disclose to Police details of what occurred and there is limited or no ongoing support capacity within the communities to encourage and equip the victim with the support necessary to either disclose to police the details of the assault or to sustain the complaint once made.  Again, this impacts the ability to successfully prosecute offenders. 

Intervention in circumstances where a criminal prosecution is not viable involves Police obtaining the protection of a Domestic Violence Order for the victim where sufficient grounds exist.

A similar trend exists for the number of court ordered restraining orders. In the 18 months to the end of December 2008 there were 490 restraining orders issued by courts for residents of the NTER communities.  The figure for the 18 months ended December 2006 was 448

Alchohol Consumption

It is difficult to obtain data on the actual level of alcohol consumption across the NTER communities.  It is obviously not possible to simply observe changes in sales data by location given takeaway sales outside the NTER communities. It is also important to note that the NTER only restricts alcohol consumption in prescribed areas.  In many instances there are areas close to communities where it is legal to consume alcohol.  While the data should be treated with caution sales data from licensed premises on Indigenous communities are of some relevance.  The NT Department of Justice holds data on the volume of alcohol sales (pure alcohol in litres) for these licensed premises.  Sales data are available for twelve outlets for both 2007 and 2008.  Eight of these twelve premises saw the volume of alcohol sales drop from 2007 to 2008 10


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4.2  Reduction of child abuse

Child Protection Data

Child protection data are not available at the NTER community level.  However data are available for Indigenous children across the whole Northern Territory.

In 2007-08, Indigenous children in the NT were six times as likely as other children to be the subject of a substantiation of a notification of abuse and neglect. 

In addition, the rate of substantiation of a notification for Indigenous children aged 0-16 in the NT rose from 16.8 per 1,000 children in 2006-07 to 23.7 per 1,000 children in 2007-08.  Substantiations for Indigenous children in the NT were most likely to reflect neglect (36.5%), followed by emotional (27.1%) and physical abuse (21.8).  Sexual abuse accounted for 14.5% of substantiations for Indigenous children in the NT in 2007-08, which is an increase of 4.6 percentage points from 2006-07.

Sexual Assault

The NT Department of Justice have provided data on lodgements in court for sexual assault and convictions for sexual assault across the NTER communities on a consistent basis back to the 2005-06.  This allows a comparison to be made for first 18 months of the NTER (that is until the end of December 2008) with the 18 month period to the end of December 2006.

While Indigenous Australians are over-represented in lodgements in court and convictions for sexual assault it is important to note that most convictions in the NT relate to offences committed outside the NTER communities.

The number of sexual assault cases lodged in court relating to offences committed in the NTER communities rose from 39 in the 18 months to the end of December 2006 to 45 in the 18 months to the end of December 2008.  Focussing on the most recent six months for which data are available the number of sexual assault cases lodged in court relating to alleged offences in the NTER communities rose from 12 in the six months to the end of December 2007 to 23 in the 6 months ended December 2008.

The number of convictions for child sexual assaults committed in the NTER communities for the first 18 months of the NTER stands at 17.  This compares to 8 convictions in the 18 months ended December 2006. There were 7 convictions for child sexual assault committed in the NTER communities in the six months to the end of December 2008 compared to 8 convictions in the six months to the end of December 2007.

It is important to note that not all convictions for child sexual abuse in the NTER communities relate to offences committed by Indigenous Australians.  For example for the 17 convictions recorded in the 18 months to the end of December 2008, 3 were committed by non-Indigenous Australians. It is also important to note that these data are likely to understate the actual level of abuse and as a result, it would be misleading to view them in isolation.

Child Abuse

Issues of child welfare go well beyond sexual abuse, indeed, sexual abuse is a subset of behaviours that can have a lasting negative effect on children’s’ future. It has been argued that neglect is a particularly damaging type of child maltreatment. There is evidence that child neglect is a more common issue 11 than sexual assault in the NTER communities. This is confirmed by NT police data.

The data below should be treated with some caution as they are based on the reports to police that may not be confirmed 12. Having said that, the increase in the incidence of reported child abuse may be a function of additional police under the NTER.

There has been a significant increase in the number of reports collectively referred to as ‘child abuse’ made to police from across the NTER communities since the NTER commenced. This was reported in the last Monitoring Report.  More recent data confirm this trend.   There has been a significant increase in the reported number of incidents of abuse relating to child welfare in from the last six months of 2007 to the last six months of 2008. The category child welfare relates to issues that would  generally be considered to be child neglect.

The child abuse incidents are detailed in Table 4.2.2 below. The total number of incidents of child abuse 13 in the NTER communities rose, from 74 in the last six months of 2007 to 124 in the last six months of 2008. The 18 Themis communities accounted for around 36% of the increase in the number of child abuse reports made to police from 2006-07 to 2007-08.

The vast bulk of these confirmed reports across the NTER communities were accounted for by the category ‘child welfare’ (73% in 2008).  There has been a significant increase in reported incidents of abuse relating to child welfare across the NTER communities, from 58 incidents in the second half of 2007 to 91 in the second half of 2008. 

Table 4.2.2  Incidents  – NTER Area
Outcome of investigation 1 July to 31 Dec 07 1 July to 31 Dec 08
Child Abuse Material   1
Child Welfare 58 91
Child Welfare - Pregnancy 4 17
Child Welfare - STI 11 11
Prohibited Material (Prescribed Area)   3
Unclassified Adult Material 1 1
Total 74 124
Source: NT Police Data

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4.3  Night Patrols

Achievements

Progress   

The Attorney General’s Department (AGD) received continued support in 2008-09 for night patrol services in the Northern Territory.  The value of community and night patrol services in increasing community safety and reducing contact with the criminal justice system is well known.

Night patrols are being established in the 73 prescribed communities identified by the NTER.  Night patrol services are provided by the new shire council arrangements implemented by the NT Government (NTG) and a service provider in the Top End region.  The funded organisations are responsible for community consultation, night patrol staff recruitment and training and establishment and operation of each night patrol. 

As at 31 December 2008, there were 63 active night patrols in the 73 NTER identified communities.   Of the remaining 10 communities, 4 night patrols were non-active due to vehicle and community issues and 6 communities were in the consultation phase. The consultation phase ranges from service providers initiating primary contact with community members, to the establishment of a night patrol base and recruitment of patrollers. 

Challenges

Recruitment and retention of 200 staff (ie 4 in each of the 50 new communities) in remote and rural Australia is challenging.  AGD has been working with the service providers delivering night patrol services to mitigate this risk and maximise night patrol staff recruitment.

Next Steps

AGD recently conducted a review of the implementation of the night patrol services in the Northern Territory.  The recommendations related to strengthening program administration through workshops, visits and further relationship building, and program enhancement through the revision of funding for salaries and reconsideration of performance indicators.  AGD is working towards implementing the recommendations of the review.

Service providers have submitted operational plans for establishing night patrol services in the 73 NTER identified communities.  These plans outline the strategies in place to effectively establish night patrols, risks and risk mitigation strategies, and proposed timelines to deliver the services.

For the period July to December 2008 the total number of people (men and women) transported by a night patrol service was 36,220.  This figure is based on reports provided by night patrol providers and it is noted that data collection is still being refined.


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4.4  Legal Services

Achievements

Progress

The Attorney‑General’s Department received additional funding of $2 million for Aboriginal and Torres Strait Islander Legal Services (ATSILS) and Community Legal Centres (CLCs) in the NT and the Northern Territory Legal Aid Commission (NTLAC) to provide legal assistance to Indigenous Australians for matters arising under the NTER.

Services report that the work arising from the intervention is increasing, court sitting days are increasing and many of the matters arising are labour intensive, placing additional demand on the services.  The anticipated increase in prosecution of child sex offences has not occurred, but services are reporting increases in prosecutions of teenagers for under-age consensual sex, and for traffic offence matters, many of which are leading to terms of imprisonment due to unpaid fines. 

Demand for legal assistance in the area of welfare rights issues as a result of the new income management arrangements is increasing.  Alcohol management issues have also been a significant area of demand for additional services.  Some services report that many of their clients are feeling overwhelmed by the child welfare system and the nature of the bureaucracy.

Services are providing a significant amount of community legal education and information sessions in Aboriginal communities and town camps.  A primary focus of these information sessions is to build the knowledge base of community members by informing them about legal services and related support services which can assist them with legal problems that they have.  Services are also working with other stakeholders in a coordinated approach to address the issues arising.

Challenges

Recruitment of new staff has been a consistent issue.  The uncertainty of the continuation of funding from one year to the next has meant that services have only been able to offer one year contracts, which decreases the attractiveness of the position to potential applicants.  A significant period of time was required at the beginning of the NTER to find staff for these legal service positions, and to build up new networks and relationships of trust in the communities.


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4.6  Alcohol Restrictions

Achievements

Radio advertisements in English and Indigenous languages were broadcast on radio stations across the NT (including Indigenous stations) outlining the alcohol and pornography provisions under the Act.

Signage highlighting alcohol and pornography restriction were erected throughout the prescribed areas, including town camps in the NT.

Background

From the enactment of the NTER Act 2007, a clear aim has been to stem the flow of alcohol into those areas prescribed under the legislation, to assist in providing a safer environment for children.

Progress

The installation of signage across the Territory detailing the restrictions associated with prescribed areas (alcohol and pornography) and the penalties that applied is currently being finalised by FaHCSIA Northern Territory State Office (NTSO). This has required obtaining expert mapping services, engaging and liaising with the contractor and sub-contractors, providing expert Global Positioning System (GPS) and training to ensure the installation requirements were met. Consultation with community and town camp members has led to amendments in the wording and size of signs and in particular a decision was taken to use larger signs for highways and smaller ones for entrances to specific communities on prescribed areas. Signage was largely erected throughout the prescribed areas, including town camps in the NT by 31 December 2008.

Ongoing policy advice and information was provided to Australian and NT government agencies and tourism representative bodies to assist with monitoring and enforcing the alcohol provisions of the NTNER Act and aligning them with the NT Liquor Act.  An MoU was signed with the NT Government for the ongoing employment of the new Licensing Inspectors and for the maintenance of prescribed area signage.

Additional information was disseminated to NTER communities and to tourism and liquor licensees in the form of flyers and brochures, outlining the general alcohol restrictions, penalties and offences, and the restrictions in relation to takeaway sales.

Radio advertisements in English and Indigenous languages were broadcast on radio stations across the NT (including Indigenous stations) outlining the alcohol and pornography provisions under the Act.

Over this period there have been several applications resolved for declarations to the Minister asking that she exempt specific areas from the operation of the restrictions or to vary licence conditions for community clubs in prescribed areas.   The Minister has maintained the policy of only granting declarations in very limited circumstances where it is evident that they will not result in the supply of alcohol increasing on prescribed areas or result in harm to indigenous communities.

Liaison occurred with liquor permit committees and other stakeholders in prescribed areas, following completion of the Review of Liquor Permits Licensed Premises in Prescribed Areas that was undertaken by the NTG.

Three key demonstration projects were funded and managed by FaHCSIA to assist with the implementation of the alcohol measures. One project, for research relating to alcohol issues, potential solutions and solution leaders was completed in three Barkly communities. This research will provide evidence to inform future policy development in relation to alcohol management. The other projects focused on strengthening working relations between the NT Police and Licensing Inspectors on monitoring and enforcing liquor licenses operating in and around the NTER communities.


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4.7 Alcohol Management Plan

Achievements

Progress

Alcohol Management Plans that are based on supply reduction measures in the form of an alcohol permit system are in place in Groote Eylandt (implemented in July 2005) and Nhulunbuy (implemented in April 2008).

Alcohol Management Plans that are based on ‘harm minimisation’ strategies are being implemented in: Alice Springs (implemented in October 2006), Tennant Creek (implemented in August 2008), Palmerston (implemented in February 2008) and Katherine (implemented in April 2007). The principle ‘harm minimisation’ includes demand reduction, supply reduction and harm reduction strategies.

Alcohol Management Plans that are currently in the process of being implemented that include demand reduction, supply reduction and harm reduction strategies. These strategies are part of the principle Harm Minimisation.  

Alcohol Management Plans that are currently being developed and are also based on the principle of harm minimisation include:

FaHCSIA is also working with the Australian Government Attorney-General’s Department and other relevant Government and non-Government organisations in Galiwinku in relation to the development of a local Law and Order Strategy. Measures to address alcohol related harm are included in the Strategy. 


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4.8 Audit of Publicly Funded Computers

Background

The first audit of publicly funded computers in the Northern Territory took place on 2 June 2008.  264 organisations were contacted in relation to the 2 June 2008 audit.

These organisations were required to complete the audit, or provide a declaration that the computers referred to are not ordinarily situated within a NTER area. The responses were due within 14 days, however due to the remote location of many organisations there were delays in many cases.

Progress

The second audit of publicly funded computers in the Northern Territory took place on 1 December 2008. 155 organisations (including 65 Shire Service Centres) were contacted in relation to the 1 December 2008 audit.

As at 31 December 2008, 62 responses to the 1 December 2008 audit have been received equating to a response rate of 40% of which 92% of organisations were fully compliant and met all legislative requirements. The final response rate from the initial audit on 1 June 2008 was 62% with 41% of organisations fully compliant. 

Next Steps

Indications to date are return rates and compliance with the legislative requirements for this second audit will increase significantly; the evidence suggests that this is as a result of the increased awareness across organisations due to the audit conducted on 2 June 2008.  Anecdotal evidence also indicates that the new software (Pinpoint Auditor) utilised for this second audit has value added to the process and increased the detection of inappropriate material.

To further assist organisations meet the legislative requirements a model computer use policy and suggestions in relation to the establishment and maintenance of user logs were provided to organisations in the lead up to and throughout the audit period.  All information including facts sheets were posted on the NTNER website.  A technical support helpdesk was also established for a two week period to support organisations undertaking the audit.

FaHCSIA staff are continuing to work with organisations that have not yet returned their audit reports and those organisations that are only semi compliant with the requirements of the Act.


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4.9 Northern Territory Aboriginal Interpreter Service

Achievements

Background

The Attorney-General’s Department (AGD) received additional funding in 2008-09 for the Northern Territory Aboriginal Interpreter Service (NTAIS) to meet the increase in demand for interpreters as a result of the NTER.  AGD agreed to the proposed expenditure and varied the agreement accordingly.

Progress

NTAIS has recruited a Project Manager to coordinate all NTER activities and services as well as Community Liaison Officers in Katherine, Alice Springs and Darwin to assist with better understanding of policies, programs and initiatives. 

Challenges

A number of challenges have been identified by NTAIS.  There are difficulties with recruitment and retention of interpreters, addressing the lack of literacy and numeracy skills of potential interpreters and the need for accredited interpreters for legal proceedings.
NTAIS is working with Government agencies and communities to arrange recruitment drives and training of interpreters.  NTAIS has also reported that they are considering options to assist with accreditation.

  1. ABSTRACT Address by the CEO of the Australian Crime Commission, Alastair Milroy, to the 2008 Bennelong Society Conference - 20 June 2008
  2. A confirmed incident is one which after police investigation is determined by the NT police to be an actual incident. Of course whether these incidents result in a prosecution will depend on whether charges are pressed and the level of evidence.
  3. Note that it takes some time for incidents reported to police to make their way to court.
  4. Data are not available for some outlets in 2008. In addition a number of outlets no longer serve alcohol.
  5. Nettie Flaherty and Chris Goddard, Child neglect and the Little Children are Sacred Report, Children Australia, Volume 33, Number 1, 2008
  6. In the previous monitoring report, we reported on confirmed (by the police) incidents of child abuse. This does not have a significant impact on results, however, as the vast majority of reported incidents are confirmed (by police). Some caution is required, however, as the child protection authorities may reach a different conclusion.
  7. This includes, child abuse material, child welfare, child welfare – pregnancy, child welfare STI prohibited material, and unclassified adult material
  8. Data collection is still being refined. Approximate figure only

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