NT Chief Minister says Alice Springs curfew could be extended, despite warnings it could be illegal

The two-week state of emergency declared in Alice Springs could be extended, meaning all children under 18 will remain under a nighttime curfew into the school holidays.

The curfew was imposed last Wednesday in the Northern Territory town following reports of riots and unrest.

It bans all children under 18 from the town’s CBD, including Todd Mall, from the hours of 6pm to 6am.

Exemptions may be made for children with valid reasons.

Northern Territory Chief Minister Eva Lawler has suggested an extension after reports of a small group of children violating the curfew.

“Some families are really struggling to make sure that their children are doing the right thing, that they have those boundaries in place,” she said on Monday.

She said they were looking at “possibly extending” the curfew “for those days over the school holidays”.

‘Decades of government failure’

Todd Street Mall in Alice Springs, Northern Territory. Source: AAP / Aaron Bunch/AAP Image

While Ms Lawler maintained that many Alice Springs residents were “absolutely overjoyed” at the curfew, many Aboriginal organisations in the town have expressed a very different view.

In a statement, Alice Springs-based organisation Children’s Ground said young people in community are hurting, a fact that has to be understood before the “heartbreaking violence” can be prevented.

The organisation said it stands against “violence, including racial violence” but supports “measures to prevent further violence that do not discriminate against First Nations young people”.

“The state of emergency in Alice Springs arises from long-term neglect and trauma resulting from decades of government failure,” they said.

“The investment that is happening is not being directed to the right solutions.

“We are frustrated by the constant questions about ‘what to do.’ First Nations people continue to present solutions, year after year, decade after decade.

“Instead of listening and supporting these solutions, our people continue to be policed, institutionalised and criminalised.

Children’s Ground has championed “whole scale prevention at a community level, run and led by community”.

“We must create dignity, opportunities, and systems that are culturally designed and effective,” they said.

“It is time now to invest in our children and young people and our culture.”

Police officers warned curfew may be unlawful

Accompanying the possibility of the curfew’s extension came the news that the Northern Territory Police Association (NTPA) had advised union members it may not be lawful.

“In my opinion the declaration is unlawful and police operating under that declaration are at risk of acting unlawfully,” it read.

The curfew was actioned via the Emergency Management Act 2013, however the solicitor expressed an opinion it may violate section 4(2).

“This Act does not authorise a person to do, or make preparations to … put down a riot, or other civil disturbance,” reads the section.

Thousands of Northern Territory Police officers have been deployed to Alice Springs to enforced the curfew, which may be extended into the school holidays. Source: AAP / Aaron Bunch/AAP Image

Mr Finn raised concern with NT Police Commissioner Michael Murphy, who Mr Finn said seems to not share “those same concerns”.

Mr Finn told the ABC they’ve informed union members of their concerns.

“[The act] only lets [officers] carry a youth in that area … to the outskirts of that high-risk area. Beyond that, if they’re taking them past that area, imprisonment is going to be unlawful,” he said.

This could mean the NT Government’s state of emergency could be challenged in court.

However, Ms Lawler responded to a potential court battle, saying “bring it on”.

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