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Crime Problem'' of the Northern Territory Intervention

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Crime Problem'' of the Northern Territory Intervention View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Analysis and Policy Observatory (APO) Addressing the “crime problem’’ of the Northern Territory Intervention: alternate paths to regulating minor driving offences in remote Indigenous communities Dr Thalia Anthony Dr Harry Blagg Report to the Criminology Research Advisory Council Grant: CRG 38/09-10 June 2012 1 This is a project supported by a grant from the Criminology Research Grants. The views expressed are the responsibility of the author and are not necessarily those of the Council. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................................ 5 Background ......................................................................................................................................... 5 Methodology ....................................................................................................................................... 6 Quantitative findings .......................................................................................................................... 7 Qualitative findings ............................................................................................................................. 7 Key Recommendations ....................................................................................................................... 8 RATIONALE AND AIMS OF STUDY ......................................................................................................... 12 INTRODUCTION ..................................................................................................................................... 15 Context of increased law enforcement in NT Indigenous communities since mid-2006 ................. 15 Police roll out under the NT Intervention ......................................................................................... 16 Impact of Intervention on NT Incarceration rates ............................................................................ 17 Driving offenders as proportion of prison population ...................................................................... 18 Types of driving offending ................................................................................................................ 19 METHODOLOGY .................................................................................................................................... 21 Quantitative ...................................................................................................................................... 21 Qualitative ......................................................................................................................................... 23 INCIDENCE OF DRIVING OFFENDING AND ROAD INJURIES .................................................................. 28 Driving offending rates ..................................................................................................................... 28 Incidence of prison rates and sentences .......................................................................................... 33 Incidence of road fatalities and injuries ............................................................................................ 34 Rates of recidivism ............................................................................................................................ 35 REASONS FOR INCREASE IN DRIVING OFFENDING ............................................................................... 37 Law Enforcement and normalisation ................................................................................................ 37 The Northern Territory Intervention ................................................................................................ 38 Change in police practice .................................................................................................................. 38 2 Road safety strategies ....................................................................................................................... 39 Change in Indigenous community circumstances ............................................................................ 39 Change in road status ....................................................................................................................... 41 High police turnover frails trust and respect for “whitefella law”.................................................... 41 DRIVING GOVERNANCE......................................................................................................................... 43 WARLPIRI PERSPECTIVES ON OFFENDING AND REGULATION .............................................................. 47 Attitudes to licensing ........................................................................................................................ 48 Attitudes to registration – insurance – roadworthy vehicles ........................................................... 49 Drink driving ...................................................................................................................................... 49 Drive disqualified .............................................................................................................................. 49 General issues about law enforcement, obtaining legality and road safety .................................... 50 REGULATION ISSUES AND THE NEED FOR REFORM ............................................................................. 53 Service provision ............................................................................................................................... 53 Seatbelts and baby capsules ............................................................................................................. 57 Abandonment of relationship between non-payment of fines and suspension of licences ............ 58 Roadworthy vehicles ......................................................................................................................... 58 Sentencing and restricted licences ................................................................................................... 60 Alcohol .............................................................................................................................................. 65 LESSONS FROM INDIGENOUS DRIVING AND ROAD SAFETY PROGRAMS IN COMPARABLE JURISDICTIONS: A SNAPSHOT ............................................................................................................... 67 Western Australia ............................................................................................................................. 68 New South Wales .............................................................................................................................. 68 Queensland ....................................................................................................................................... 69 South Australia .................................................................................................................................. 70 Victoria .............................................................................................................................................. 71 DISCUSSION ........................................................................................................................................... 72 Key Recommendations ......................................................................................................................... 74 3 Conclusions ........................................................................................................................................... 77 REFERENCES .......................................................................................................................................... 79 Legislation ......................................................................................................................................... 79 Cases ................................................................................................................................................. 79 Bibliography ...................................................................................................................................... 79 APPENDICES .......................................................................................................................................... 88 Appendix A: Discussion points for focus group with Warlpiri Elders and young people .................. 88 Appendix B: Discussion points with Warlpiri driving offenders ........................................................ 88 Appendix C: Questions to police working in Aboriginal communities .............................................. 88 Appendix D: Questions to CAALAS/NAAJA lawyers .......................................................................... 89 Appendix E: Discussion points for NT Government staff from various departments ...................... 89 Appendix F: Discussion points for Non-Government Organisations working in Lajamanu and Yuendumu ......................................................................................................................................... 90 Tables and Figure Figure 1: Comparison of Northern Territory rate of imprisonment with Australian
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