NT Greenlights New Laws Granting Authority to Declare Snap Curfews

To quell unrest, new police powers will allow snap curfews to be called, but Aboriginal groups fear overreach will disproportionately affect youth.
NT Greenlights New Laws Granting Authority to Declare Snap Curfews
A police vehicle outside the Alice Springs Police Station in Alice Springs, Australia, on Sept. 4, 2022. (AAP Image/Aaron Bunch)
Jim Birchall
5/22/2024
Updated:
5/22/2024
0:00

In the wake of a rise in anti-social behaviour in the Northern Territory, the state government has passed new curfew legislation allowing police greater scope in enforcing public order, including declaring snap curfews.

Over the past few months, Alice Springs has been plagued by civil unrest involving youths, with violent offences by 12- to 17-year-olds reaching their highest levels since 2016.

On March 29, a curfew was imposed, banning all children under 18, excluding those with a valid reason, from the town’s Central Business District between 6 p.m. and 6 a.m.

The Lawler government announced that the new strategy, introduced under the Police Legislation Amendment Bill 2024, was needed to drive down crime.

The legislation will provide the Police Commissioner the power to place a curfew on trouble spots for up to three days, extendable to a week with the Police Minister’s approval.

NT Chief Minister Eva Lawler said that the new powers were developed in response to the recent trouble that showed curfews can effectively contain the disorder brought by youth offenders.

“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,” Ms. Lawler said.

“My government will continue to take strong decisive action when it comes to keeping our communities safe, supporting Territorians with the cost of living, and getting more Territorians working.

“My top priority is to keep Territorians safe and I will continue to make common sense decisions that support our police to do their job.”

Minister for Police Brent Potter stressed the curfews would be used sparingly and only when all other avenues had been exhausted.

“Curfews will be used when needed and when serious. We don’t want Territorians living in fear,” he said.

“Police do an incredible job and this legislation will allow the force to enact their powers quicker and more effectively to keep Territorians safe.”

A view of the town of Alice Springs, which has been plagued by unrest caused by local youth. (Greg Wood/AFP via Getty Images)
A view of the town of Alice Springs, which has been plagued by unrest caused by local youth. (Greg Wood/AFP via Getty Images)

Do the Innovations Disproportionately Target Aboriginals? 

However, not everyone sees the new curfew laws as necessary, and critics argue that additional powers could be an overreach that will deepen the involvement of already vulnerable youth in the criminal justice system.

Aboriginal youth crime in the NT is a multifaceted issue influenced by various systemic socio-economic and cultural factors.

The territory has one of the highest rates of youth offending in Australia, with the majority of youth offenders being Aboriginal, according to the Australian Bureau of Statistics.

To address these challenges, the NT government has raised the minimum age of criminal responsibility from 10 to 12 years in 2023, aiming to reduce the number of very young children entering the criminal justice system.

It has also activated a Youth Justice Review to implement restorative justice reforms.

Regarding the new reforms, North Australian Aboriginal Justice Agency’s (NAAJA) principal legal officer Jared Sharp said curfews are a “high-risk, no-reward policy.”

“The concern is that curfews tend to drag kids who are already vulnerable deep into the criminal justice system,” he said.

“The NAAJA believes this curfew legislation that will give police unprecedented powers to lock down communities and prevent people from going about their business is an absolute overreach.”

Jim Birchall has written and edited for several regional New Zealand publications. He was most recently the editor of the Hauraki Coromandel Post.