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

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