JENNY Macklin says she has taken her toughest stand as Indigenous Affairs Minister by telling the Tangentyere Council she will compulsorily acquire the town camps of Alice Springs unless it accepts her $125 million offer to upgrade them.
Ms Macklin said she would use Northern Territory Emergency Response legislation to seize the camps and force through the delivery of better housing and improved conditions in the 18 town camps she describes as “horrific”.
While the NTER legislation expires in 2012, Ms Macklin said the law nonetheless allowed her to make a permanent acquisition. “It’s forever,” Ms Macklin said. “It’s not a 40-year lease, it’s a compulsory acquisition.”
Tangentyere and the various town camp housing associations it represents learned yesterday they have until June 29 to put submissions on her proposal to acquire the camps.
Ms Macklin denied she was giving Tangentyere yet another deadline extension.
“No, it is not (another extension),” Ms Macklin said. “It’s the first step towards compulsory acquisition but Tangentyere do have the opportunity during this notice period to accept the offer. But there’s no more negotiations.”
Acquiring the camps would be one of the most extraordinary interventions taken by a government and would go well beyond the current imposed five-year leases on remote communities under the emergency response.
“This is a significant step and one I’ve given very serious consideration to over some time,” Ms Macklin said. “I understand the significance of it, but the conditions that people are living in these town camps are nothing short of horrific.
“They are not living in a war zone; they’re living on the outskirts of an Australian town. It’s unacceptable. I was in Hoppy’s Camp two weeks ago and a dad came up and talked to me about cockroaches in his kids’ ears. It’s just appalling.”
Tangentyere and the commonwealth have been involved in an extraordinary battle of wills that began in March 2007, before the intervention, when previous minister Mal Brough offered Tangentyere $60 million for major infrastructure upgrades that would attempt to turn the camps into normal suburbs.
Tangentyere, an umbrella organisation representing 15 of the 18 town camps, rejected the offer. Many similar offers and deadlines have come and gone, with Ms Macklin earlier this month making a final, increased offer of $125million to get Tangentyere on side.
Tangentyere failed to sign off on the offer on Thursday afternoon. Ms Macklin said this left her with no option but to move towards compulsory acquisition.
There are 188 houses and 72 tin sheds in the camps, with average house occupancy of 10 people, which can rise at times to 17 people. By 2007, violence in the town camps was out of control, leading Alice Springs to have the highest number of stabbings per capita in the world.
Some 1500 people were admitted to Alice Springs hospital with stab wounds between 1998 and 2005. Last year, feral camp dogs ate the bodies of two Aboriginal men.
The town camp leases are not Aboriginal land but special purpose leases granted by the Northern Territory Government to the housing associations. The associations had agreed last year to sign over the leases to the commonwealth for 40 years, which would give the Government the security of tenure to begin making improvements, but there were problems.
The commonwealth insisted that Territory Housing control the housing assets, extracting rent and managing tenants. Tangentyere wanted a company it has created, the Central Australian Affordable Housing Company, to manage the housing, including determining who would go to the front of waiting lists.
The Government fears favouritism and nepotism under this counter-proposal and insists the camps’ housing be handled by government to avoid such problems. Nevertheless, it was prepared to allow Tangentyere to tender for managing camp housing once Territory Housing had stabilised the situation for three years. “That’s what this is all about, tenancy management in particular,” Ms Macklin said. “They want to say who will get a house, who will or won’t be evicted. What we’re saying is that the same rights and protection need to be afforded to tenants in town camps as are afforded to any other public housing tenant.”
Ms Macklin said the Government would pay compensation to housing associations for land acquired, but did not specify whether she had a legal obligation to do so. “It’s certainly something we think is the right thing to do so we will be paying compensation,” she said. “We will be getting advice from the Northern Territory Valuer-General on that.”
Tangentyere Council would not speak to The Australian yesterday, but its lawyer, Danny Gilbert, of Gilbert and Tobin, said the Tangentyere housing company should be given a chance to prove itself.
“It must be the case from all we know about indigenous governance that if we knock out indigenous people from the (management) equation they’re more likely to fail than succeed. This is a struggle. They realise the best standards of tenancy and maintenance need to be in place.
“There’s no contest that the housing requires a major upgrade. They want their affordable housing company to be given the role. They’re prepared to sign an agreement that says if we fail, you can terminate the agreement.”
Representatives of Ms Macklin’s department hand-delivered the compulsory notice to the Tangentyere president, Walter Shaw, yesterday morning. She said she had not yet received a response. Likewise, all the housing associations had been notified.
Ms Macklin said the NTER law allowed her to move much faster than “the usual acquisition approach. We estimate this could take a couple of months. We’ve got this natural justice period, that’s why today what I’m doing is giving notice, giving people around a month to make their submissions and then I’ll make the decision following that”.
Sydney lawyer George Newhouse, who is acting on behalf of town camp residents in a separate UN complaint against the intervention, claimed Ms Macklin faced legal challenges.