A/HRC/15/37/Add.4
considered during the engagement process, which the Government states is reflected by the
fact that some of the measures subsequently introduced to reform the NTER depart from
the proposals contained in the Discussion Paper, based on the views expressed during the
consultations.
47.
The Government refers to the monitoring of the consultations by the independent
Cultural and Indigenous Research Centre Australia, which reported on the openness and
integrity of the process while outlining a number of criticisms.20 In response to the
criticisms, the Government points out the magnitude and complexity of the exercise, and
affirms that it made every effort to give as many people as possible affected by the NTER
the opportunity to be heard.
Proposed revisions to the NTER following on the consultation process
48.
According to the Government, the views expressed through the consultations were a
significant factor in developing the reforms to the NTER that are contained in the
legislation it introduced into the Australian Parliament on 25 November 2009. Moreover,
the Government indicates that it has complied with the requirement of “free, prior and
informed consent” of article 19 of the United Nations Declaration on the Rights of
Indigenous Peoples, which it interprets in light of article 46 of the Declaration, by
consulting extensively and in good faith with indigenous persons in order to develop the
proposed NTER reforms.
49.
The Government provided the Special Rapporteur with information on the reform
legislation, which proposes a number of changes to the NTER.21 The Government
summarizes the proposed changes as follows:
• All new and redesigned NTER measures to be implemented from July 2010 are
designed to conform with the RDA [Racial Discrimination Act]. The legislation
provides for the current suspension of the RDA in relation to the NTER to be lifted
from 31 December 2010, allowing time for the passage of legislation through both
Houses of the Australian Parliament, and the necessary time for the redesigned
measures to be put in place and for an effective transition from existing to new
arrangements.
• Between 1 July 2010 and 31 December 2010, a new, targeted scheme of income
management will be rolled out across the Northern Territory — in urban, regional
and remote areas — as a first step in a future national roll-out of income
management to disadvantaged regions. The targeted categories are not based on
race. The scheme will be targeted at:
• Disengaged youth who are not working or studying
• Long-term recipients of unemployment benefits and parenting payments
• People assessed by Centrelink as requiring income management for reasons
including vulnerability to financial crisis, domestic violence or economic
abuse
• People referred for income management by child protection authorities
20
21
GE.10-13887
See CIRCA Report, supra.
In particular, the Government provided the Special Rapporteur with its Policy Statement: Landmark
Reform to the Welfare System, Reinstatement of the Racial Discrimination Act and Strengthening of
the Northern Territory Emergency Response, which sets out in some detail the content of the reforms.
37