The Northern Territory National Emergency Response, also known as "The Intervention" or the Northern Territory Intervention, and sometimes the abbreviation "NTER" (for Northern Territory Emergency Response) was a package of measures enforced by legislation affecting

Indigenous Australians Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...

in the

Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Aust ...

(NT) of Australia, which lasted from 2007 until 2012. The measures included restrictions on the consumption of alcohol and pornography (including complete bans on both at some communities), changes to welfare payments, and changes to the delivery and management of education, employment and health services in the Territory. The Intervention was brought about by the enactment of the ''Northern Territory National Emergency Response Act 2007'' and several associated new

Acts of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament be ...

, along with a raft of changes to existing laws, by the

federal government of Australia The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government ...

. The legislation was introduced and passed by the Howard government in August 2007. The justification given for introducing the measures was the '' Little Children are Sacred'' report published in June 2007, being the findings of an inquiry into child sexual abuse in the NT commissioned by the

Northern Territory Government The Government of the Northern Territory of Australia, also referred to as the Northern Territory Government, is the Australian territorial democratic administrative authority of the Northern Territory. The Government of Northern Territory wa ...

. The measures proved controversial, being criticised by the Northern Territory Labor government, the

Human Rights and Equal Opportunity Commission The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but oper ...

and several Aboriginal leaders. A report by the

Australian Human Rights Commission The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but opera ...

in 2008 said that statistics for confirmed child abuse did not appear to support the "allegations of endemic child abuse in NT remote communities that was the rationale for the NTER". The Act was amended four times by the successive Rudd and Gillard governments, finally repealed in July 2012 by the Gillard government, which later replaced it with the ''

Stronger Futures in the Northern Territory Act 2012 The Stronger Futures policy is a multifaceted social policy of the Australian government concerning the Australian Aboriginal, Aboriginal population of the Northern Territory. It is underpinned by the ''Stronger Futures in the Northern Territory ...

'', which retains many of the measures.

Political context

The Intervention was introduced during the lead-up to the 2007 federal election, at which the Coalition government led by

John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the ...

since 1996, was defeated. Paul Toohey, writing for '' The Bulletin'' wrote that the policy was poll-driven, although it gained the broad support of the Rudd

Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the la ...

opposition and some Aboriginal leaders. Analysis of the political arguments in support of the Intervention identified three key factors which allowed easy passage of ensuing legislation. The first was the use of the '' Little Children are Sacred'' report. The second was the failure to sufficiently detail the links between the Intervention and the measures combating child sexual abuse. The third was the failure to recognise Aboriginal agency and need for consultation. As well, the Intervention came at a time of increasing debate over the future of federalism in Australia, in particular the proper extent of federal power into areas of government traditionally managed by the states and territories. It was one of a number of federal interventions enacted in 2007. Other state responsibilities targeted by the Australian Government at the time included seaports, workplace relations, the Murray-Darling river system and public hospitals. The policy was initially insulated from criticism because of the sensitive nature of the issue and the fact that the national parliament faced (as, in 2022, it still faces) no constitutional barriers to overruling the Northern Territory government. This is in clear contrast to the situation with Australia's state governments, all of which have constitutionally preserved areas of legislative power, against which the federal government is largely powerless to intervene.

The Intervention timeline

The Intervention began with a media release by

Mal Brough Malcolm Thomas Brough ( ; born 29 December 1961) is a former Australian politician. He represented the Liberal Party in the House of Representatives (1996–2007, 2013–2016) and held ministerial office in the Howard and Turnbull Governments. ...

, Minister for Indigenous Affairs (and chief architect of the Act) on 21 June 2007. The media release served as ministerial regulation to implement a taskforce of eminent Australians, led by Magistrate Sue Gordon, chair of the National Indigenous Council. The role of the Taskforce was to oversee a list of at least 12 measures in the

, which included discriminatory changes to welfare, compulsory health checks for all Aboriginal children, the acquisition of Aboriginal townships, and banning alcohol and pornography in prescribed Aboriginal communities. The measures also included increased policing with assistance from other jurisdictions; calling in the army for logistics and surveillance; appointing managers to all government business in designated communities; and improving housing, but establishing market-based rents for public housing. According to Brough's media release, the implementation of the Taskforce reflected the government response to ''Ampe Akelyernemane Meke Mekarle'', the '' Little Children are Sacred'' report, handed to

Clare Martin Clare Majella Martin (born 15 June 1952) is a former Australian journalist and politician. She was elected to the Northern Territory Legislative Assembly in a shock by-election win in 1995. She was appointed Opposition Leader in 1999, and won ...

, the Chief Minister of the Northern Territory, on 30 April 2007. The report, the result of the Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse chaired by

Rex Wild Rex Stephen Wild is a former Director of Public Prosecutions for the Northern Territory of Australia. Career Wild was appointed to the position of Director of Public Prosecutions for the Northern Territory in 1998, retiring in 2006. One o ...

and

Patricia Anderson Patricia "Patti" Anderson (born June 4, 1966) is an American politician serving in the Minnesota House of Representatives since 2023. A member of the Republican Party of Minnesota, Anderson represents District 33A in the northeastern Twin Citi ...

, recommended "...that Aboriginal

child sexual abuse Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...

in the Northern territory be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments". However, only two of 97 recommendations in the report were implemented. The Emergency Response was criticised, but it also received

bipartisan Bipartisanship, sometimes referred to as nonpartisanship, is a political situation, usually in the context of a two-party system (especially those of the United States and some other western countries), in which opposing political parties find co ...

parliamentary support. The ''Northern Territory National Emergency Response Act 2007'', introduced under Howard's fourth term as Prime Minister of Australia, received Royal Assent on 17 August 2007, and amended in September. The ''2007 Act'' was amended four times by the successive Rudd and Gillard governments. The

Rudd Government Rudd Government may refer to the following Australian governments: * Rudd government (2007–10) Rudd Government may refer to the following Australian governments: * Rudd government (2007–10) * Rudd government (2013) {{Dab ... * Rudd gov ...

took office in 2007, and twice amended the ''2007 Act'' in 2008. The Labor Party replaced

Kevin Rudd Kevin Michael Rudd (born 21 September 1957) is an Australian former politician and diplomat who served as the 26th prime minister of Australia from 2007 to 2010 and again from June 2013 to September 2013, holding office as the leader of the ...

with Julia Gillard in 2010 and the Gillard Government also made two amendments to the ''2007 Act''. The first amendment in 2010 introduced by Jenny MacKlin, Indigenous Affairs Minister, ended the suspension of the ''Racial Discrimination Act 1975''. In February 2011, former Howard government minister Brough argued the Intervention had become stagnant and it would not be workable unless it was revitalised. In April 2011, Opposition Leader

Tony Abbott Anthony John Abbott (; born 4 November 1957) is a former Australian politician who served as the 28th prime minister of Australia from 2013 to 2015. He held office as the leader of the Liberal Party of Australia. Abbott was born in Londo ...

proposed consultation with

Indigenous people Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

over a bipartisan Federal Government intervention in Northern Territory towns like Alice Springs,

Katherine Katherine, also spelled Catherine, and other variations are feminine names. They are popular in Christian countries because of their derivation from the name of one of the first Christian saints, Catherine of Alexandria. In the early Christ ...

and

Tennant Creek Tennant Creek ( wrm, Jurnkkurakurr) is town located in the Northern Territory of Australia. It is the seventh largest town in the Northern Territory, and is located on the Stuart Highway, just south of the intersection with the western termin ...

, which would cover such areas as police numbers and school attendance in an effort to address what he described as a "failed state" situation developing in areas of the Northern Territory. Prime Minister Gillard toured Northern Territory communities in June 2011 and told media "I believe the Intervention has made a difference", citing the provision of meals to children, and better child health and welfare outcomes and a reduction in aggravated assaults, but she said more needed to be done in the provision of housing, and listening to Indigenous voices as input to shaping future policy. The ''2007 Act'' was repealed on 16 July 2012 by the Gillard Government who replaced it with the ''

''. The 2012 Act remains in force and retains many of the measures of the 2007 Act. In the five years the legislation was in place before being repealed, the

Department of Families, Housing, Community Services and Indigenous Affairs The former Australian Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) was a department of the Government of Australia located in Greenway in Canberra Canberra ( ) is the capital city of Australia ...

claims that the of total number of people convicted for child sexual assaults in Intervention communities was 45, compared to 25 people in the 5 years before the Act was implemented though these reports were not made available at the time, leading some to doubt the authenticity of the Departments claims.

Legislation

Legislation included: * the ''Northern Territory National Emergency Response Act 2007''; * the ''Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007'' (still in force ); * the ''Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007'' (still in force ); * the ''Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007–2008''; and * the ''Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007–2008''. Notably, Clause 132 of the ''NTNER Act 2007'' stated that the provisions of it are classified as "special measures" under the ''

Racial Discrimination Act 1975 The ''Racial Discrimination Act 1975'' (Cth). is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and al ...

'' and therefore exempt from Part II of the Act. While the main elements of the Intervention were otherwise kept in place, this exemption from provisions of the Racial Discrimination Act was brought to an end in 2010.

Measures

The package came into effect with the passage of the ''Northern Territory National Emergency Response Act 2007'' by the

Australian Parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...

in August 2007. The nine measures contained therein were as follows: *Deployment of additional police to affected communities. *New restrictions on alcohol and kava * Pornography filters on publicly funded computers *Compulsory acquisition of townships currently held under the title provisions of the Native Title Act 1993 through five-year leases with compensation on a basis other than just terms. (The number of settlements involved remains unclear.) *Commonwealth funding for provision of community services *Removal of customary law and cultural practice considerations from bail applications and sentencing within criminal proceedings *Suspension of the permit system controlling access to Aboriginal communities *Quarantining of a proportion of welfare benefits to all recipients in the designated communities and of all benefits of those who are judged to have neglected their children *The abolition of the Community Development Employment Projects (CDEP).

Reaction and debate

Though the plan achieved broad bi-partisan support in the Parliament, it was criticised by the Northern Territory Labor government, the

and by several Aboriginal leaders and community spokespeople. The plan was also given strong support by other community groups and Aboriginal leaders. The

's ''Social Justice Report 2008'' said that, despite the likelihood of under-reporting, the 2005–2006 ABS statistics for confirmed child abuse did not appear to support the "allegations of endemic child abuse in NT remote communities that was the rationale for the NTER".

Pretext

The use of sexual abuse as the catalyst for the Intervention has been subject to debate. One view is that sexual abuse is a

Trojan horse The Trojan Horse was a wooden horse said to have been used by the Greeks during the Trojan War to enter the city of Troy and win the war. The Trojan Horse is not mentioned in Homer's ''Iliad'', with the poem ending before the war is concluded, ...

for other purposes such as regaining government control over disputed land.

''Racial Discrimination Act''

The measures of the response which have attracted most criticism comprise the exemption from the ''

'', the compulsory acquisition of an unspecified number of prescribed communities (Measure 5) and the partial abolition of the permit system (Measure 10). These have been interpreted as undermining important principles and parameters established as part of the legal recognition of indigenous

land rights Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use a ...

in Australia. In 2010,

James Anaya Stephen James Anaya is an American lawyer and the 16th Dean of the University of Colorado Boulder Law School. He was formerly the James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona's James E. Rogers College of L ...

, a

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...

Special Rapporteur, found the Emergency Response to be racially discriminating and infringe on the human rights of Aboriginal people in the Northern Territory. Anaya acknowledged that emergency action was needed but said that measures like banning alcohol and pornography and quarantining a percentage of welfare income for the purchase of essential goods represented a limitation on "individual autonomy". Organisations such as

Australians for Native Title and Reconciliation Australians for Native Title and Reconciliation (ANTaR) is an independent, national non-government, not-for-profit, community-based organisation founded in 1997 which advocates for the rights of Aboriginal and Torres Strait Islander people in A ...

(ANTaR) have argued that breaching the Racial Discrimination Act is not necessary in order to protect the children in the affected areas.

Consultation

More generally, a lack of consultation with Aboriginal community leaders is often cited by critics of the response, alongside the fact that the action addresses very few of the specific recommendations contained in the ''Little Children are Sacred'' Report, while introducing many measures not suggested in the Report. While finding some support among organisations like the Australian Greens, Anaya's Report was widely condemned in Australia, with the

's Indigenous Affairs Minister, Jenny Macklin, saying that her duty to protect the rights of children was paramount. Opposition Spokesman

queried whether Anaya had adequately consulted with people who had lived through the Intervention; Indigenous activist

Warren Mundine Nyunggai Warren Stephen Mundine is an Australian Aboriginal leader and politician. He was the National President of the Australian Labor Party (ALP), but quit the party in 2012. Mundine was appointed chairman of the Coalition government's Indig ...

said the report should be "binned" and Central Australian Aboriginal leader Bess Price criticised the UN for not sending a female reporter and said that Anaya had been led around by opponents of the intervention to meet with opponents of the intervention.

Criticism

The Intervention in the Northern Territory came under fire by a variety of groups. Claims made by critics of the Intervention are as follows: * In 1999, a report titled ''Violence in Indigenous Communities'' was prepared by Dr Paul Memmott, but was suppressed until 2001 and not acted upon. * An inter-governmental summit on violence and child abuse was held in 2006. This pointed to the cost and blame shifting that characterised federal-territory and state relations, but no further action was taken. * The

expressed concern over the suspension of the Racial Discrimination Act, writing to Prime Minister

in March 2009 following a complaint made to the UN by a collective of Aboriginal communities. A delegation of Northern Territory Aboriginal leaders met with the

UN High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...

, Navi Pillay, at

Charles Darwin University Charles Darwin University (CDU) is an Australian public university with a main campus in Darwin and eight satellite campuses in some metropolitan and regional areas. It was established in 2003 after the merger of Northern Territory University ...

in May 2011. The delegation stated that the situation had deteriorated under the Intervention. ''There is greater discrimination against them,'' Ms Pillay said they told her. ''Firstly, they said there's been an intervention and it started off badly without them being consulted, and secondly, there is insufficient respect for their land,'' she said. The delegation said Aboriginal people were under pressure from the Gillard government to sign leases over land they already own. ''They see that as a land grab,'' Ms Pillay said. An analysis into the speeches and arguments made by the then Prime Minister and Minister for Indigenous Affairs found that the rhetoric used justified the government's extensive and contentious Intervention into the remote Indigenous communities. The speech acts implied that the Ministers were the heroes of the situation. However, it has since been documented by several sources that some of the verifying sources that instigated the events of the Intervention were fabricated by then-minister

and coercive in nature. The rhetoric implied that the communities were helpless and incapable of responding to their own issues. By doing so, the Ministers justified ignoring the recommendations of the ''Little Children are Sacred'' report.

Support

Some Aboriginal commentators and activists, such as

Noel Pearson Noel or Noël may refer to: Christmas * , French for Christmas * Noel is another name for a Christmas carol Places * Noel, Missouri, United States, a city * Noel, Nova Scotia, Canada, a community * 1563 Noël, an asteroid *Mount Noel, Briti ...

, Marcia Langton and Bess Price, offered support, criticising aspects of the response while believing it to be necessary and worthwhile. The Aboriginal leader

Galarrwuy Yunupingu Galarrwuy Yunupingu (born 30 June 1948), also known as James Galarrwuy Yunupingu and Dr Yunupingu, is a leader in the Aboriginal Australian community, and has been involved in the fight for Indigenous land rights in Australia throughout his ca ...

initially supported the response, but by 2010 had lost faith in it. Following the announcement of the Intervention plan by the Howard Government, Cape York Indigenous leader

offered support, telling ABC Radio National on 22 June 2007: Writing in February 2008, Aboriginal academic Marcia Langton rejected arguments that the Intervention had been a "political ploy" and argued that the policy in fact marked the death of a "wrong-headed male Aboriginal ideology": Aboriginal leader and former Australian Labor Party president,

spoke against critics of the Intervention in 2010, saying: In 2011, after more than three years of the Intervention, Central Australian Indigenous leader Bess Price told ABC television:

Legacy

In 2017, a study by researchers at the Menzies School of Health Research in Darwin and the School of Economics at the

University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's ...

reported that the income management scheme introduced as part of the Response was found to have a negative impact on children, with reduced school attendance and lower

birth weight Birth weight is the body weight of a baby at its birth. The average birth weight in babies of European descent is , with the normative range between . On average, babies of South Asian and Chinese descent weigh about . As far as low birth weigh ...

s of infants.