9 April 2024

Alice Springs youth curfew rolls on amid NT Police review, potential legal challenge and officer funding boost

| James Day
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The front of a police station

The Alice Springs emergency declaration came after an inquiry into the ”racist” police force was opened due to a coronial inquest into the shooting death of a 19-year-old Indigenous man. Photo: NT Police, Fire and Emergency Services.

As the final report of a Northern Territory Police review is provided to the government, there have been calls for Commonwealth intervention in the ongoing youth curfew within Alice Springs.

Less than a week before former NT Police Association (NTPA) president Vince Kelly was expected to provide this comprehensive review of the force’s accountability, transparency and overall effectiveness, the Territory Government declared an emergency situation in Alice Springs, with a curfew in place for people under 18 years old that’s to last until 10 April.

NT Police Commissioner Michael Murphy said the violent unrest was partially related to the death of an 18-year-old man who died in a vehicle rollover early last month.

“That’s led to family feuds and that’s what erupted in Alice Springs yesterday [26 March], in a couple of locations,” Commissioner Murphy said.

He said the incidents took place following the young man’s funeral, with photos and videos on social media displaying various scenes of violence. This included a confrontation with a mob of residents outside the Todd Tavern, which saw bricks thrown and attempts to kick in the entrance door.

Minister for Police Brent Potter said the 23 members of the Territory Safety Division enforcing the curfew would be supported by 50 extra police from other parts of the region. While the curfew was initially set to cover a 14-day run through Easter, there have been calls from the community to extend this until the end of the school holidays on 15 April.

READ MORE Coronial inquest into police shooting death of Kumanjayi Walker sparks inquiry into ‘racist’ force

Following the announcement, the NT Country Liberal Party said its parliament must pass laws that: lower the age of criminal responsibility so that parents and youths can be held accountable; make breach of bail an offence; give police more powers to deal with alcohol so they can do more than just tip it out; and make ram raids a new offence along with posting and boasting.

On Tuesday, NTPA president Nathan Finn advised his members the emergency declaration and curfew enforced under the Emergency Management Act 2013 by Chief Minister Eva Lawler may be illegal.

In an email provided to the ABC, legal advice given to him underlines section 4(2) that states “this Act does not authorise a person to do, or make preparations to … put down a riot, or other civil disturbance”. Following this, it reads that “in my opinion the declaration is unlawful and police operating under that declaration are at risk of acting unlawfully”.

A map of the boundaries under a youth curfew

A map detailing the boundaries of the youth curfew in Alice Springs. Photo: NT Government.

Although Mr Finn said he had informed the Police Commissioner of these concerns, Mr Murphy said the government had used the act appropriately.

Mr Murphy said the government was not using it for the suppression of civil disorder, armed combat, or ending a strike, which the act does not grant powers to do. Instead, he said, it was being suitably used for an event that led to the loss or damage of property, loss of life, injury or distress to people.

“We saw the senseless attack and violent attack of a 16-year-old girl, who was bashed and stripped. We saw an 18-year-old male die in a stolen motor vehicle, right in the heart of the CBD. We saw a significant attack on a licensed premises in the CBD … and then an attack or a fight between 150 people who were armed.

“If there’s violence occurring or those community concerns have existed, or they can exist into the future, that’s when we can apply the act.”

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Ms Lawler said on Monday she was confident the action would hold up in court, and welcomed a potential legal battle, stating “Bring it on”.

On Wednesday, the Territory Government said it would provide funding for an extra 200 sworn police officers, who are to be delivered over the next four years. The extra officers are to complement the government’s existing target, taking the total to 1842 over four years.

Alongside the personnel boost will be a campaign to attract recruits from across the nation, making this the biggest-ever investment into new police by any Territory government. Final details are to be announced in the budget.

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