NT police gain new powers against homeless

July 4, 2001
Issue 

BY DAVE MURPHY & RUTH RATCLIFFE

DARWIN — Police will have the power to stop any behaviour they interpret as "anti-social", under new laws introduced into the Northern Territory parliament on June 7. The legislation will also widen police powers against protesters.

The Public Order and Anti-Social Conduct Bill is just another step in the ruling Country Liberal Party's campaign against those, mainly Aborigines, who suffer the effects of alcoholism and homelessness. As the Northern Territory election approaches, the government has increased its verbal attacks on indigenous people, blaming them for increasing social instability.

Explaining the bill, chief minister Denis Burke stated that it was directed at "itinerants or long-grassers" (a northern Australian term for homeless people). He claimed he was "not being racist" in saying that "many urban problems might not be there if some of these people went home".

Burke's comments are reminiscent of those of former NT chief minister and current Liberal party national president Shane Stone who, in 1997, said these people "should go back to their own communities and their own land ... If they don't, they deserve to be monstered and stomped on by the community".

The NT police already possess wide powers under the Summary Offences Act, which makes loitering, obscene language, causing undue noise and drinking in public illegal.

The new bill empowers the police to determine what "anti-social conduct" is, and act to stop it. Anti-social behaviour could now include causing "alarm" or "apprehension" amongst others, obstructing traffic, disrupting the orderly conduct of an event or interfering with other people's enjoyment of a place.

Police will have the power to confiscate any property associated with anti-social conduct — including skateboards, stereos, alcohol or megaphones.

Directions given by police become law. Refusal or failure to comply with them is a crime punishable by a $2,000 fine or six months imprisonment.

The CLP has released an information paper, "Tackling anti-social behaviour", to explain the legislation.

One example depicts a "group of youths" frightening an "elderly citizen" whilst they are skateboarding in a carpark. The paper complains that "police are currently powerless to take action for offences of this nature in a public place because it does not involve a trespass or other criminal offences".

The new legislation would empower police to seize the skateboards and force the young people to vacate the general area for up to 72 hours.

The new law is not restricted to public places. Once a place is subject to a court order, called a "place of anti-social conduct declaration", police may enter it at any time, search without a warrant and confiscate property. Any directions given to occupants of the property automatically become law.

The CLP is still not satisfied, however, and has announced its intention to continue looking for ways to improve "safety" in the community.

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