Leading youth and legal advocates have raised the alarm over a newbill introduced by the Northern Territory government that will make it easier to impose curfews, saying it lacks key detail and could put civil liberties at risk.
The bill's introduction comes one month after a controversial three-week youth curfew was lifted in Alice Springs.
Under the proposed legislation, dubbed the Police Legislation Amendment Bill, the NT police commissioner will have the power to impose a three-day snap curfew, with any extensions requiring approval from the police minister.
Chief Minister Eva Lawler said the new legislation would provide "more flexibility" to impose curfews in the future, as thegovernment's budget promises big spending on police and new prisonsahead of the NT election.
However Jared Sharp, principal legal officer at theNorth Australian Aboriginal Justice Agency (NAAJA),said the legislation posed a "massive intrusion into all of our civil liberties".
"Every Territorian should be incredibly concerned about this bill," he said.
"It is an unjustifiable overreach."
Mr Sharp said NAAJA was concerned the bill lacked detail, by not including any specific criteria for situations that could warrant a future curfew, and gave the police commissioner "extraordinary powers".
He also said there was no evidence that curfews were effective at reducing offending.
"They are simply a distraction from what we should be doing, and that is investing in the underlying causes of offending," he said.
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In a statement, NT Children's Commissioner Shahleena Musk echoed NAAJA's criticisms of the bill's broad-ranging powers, and said it excluded safeguards against discrimination part of the NT Anti-Discrimination Act.
She raised concerns the bill would increase the likelihood of curfews that "target and harm vulnerable and marginalised groups, such as Aboriginal children and young people."
"Rushing through laws that could lead to unequal restrictions on certain groups and increased contact with police can have devastating consequences," she said.
Police Minister Brent Potter confirmed he would not have the authority to override the police commissioner's final decision around calling a curfew.
"There does need to be a separation of powers," he told reporters on Thursday.
Mr Potter said the bill would allow the police minister to extend a curfew for up to seven days after the initial 72 hours, allowing a total curfew period of 10 days.
He said if more time was required, the police commissioner could impose a new three-day curfewas long as they could "articulate a change in circ*mstances".
"We're not just going to allow continued extensions. Seven days is appropriate," he said.
Announcing the new legislation on Wednesday, Ms Lawler said the recentyouth curfew in Alice Springshad been a success.
The emergency measure, imposed on March 28, was triggered by a string of violent incidents, including a brawl involving up to 150 people and an attack on an Alice Springs pub.
It meant young people under the age of 18 couldn't enter the CBD without a "lawful purpose"between 6pm to 6am.
In a town troubled by youth crime, many residents and small business owners said the curfew providedtemporary relief.
"We've seen how the curfew worked very well in Alice Springs,how it responded to the demands from the community to do something around anti-social behaviour," Ms Lawler said.
"In Alice Springs, we had to use the emergency management legislation, which meant we ... had to go through a quite rigorous process.
"[This bill] is about having that flexibility to be able to introduce curfew legislation across the length and breadth of the Northern Territory."
Legal questions raised over curfew enactment
The legislation used for the Alice Springs youth curfew was the Emergency Management Act 2013, which is typically reserved for emergencies such as cyclones, floods and fires.
The government imposed the curfew after Ms Lawler declared an emergency situation in the town, which granted authorised officers special powers.
The NT Police Association (NTPA) previously questioned whether the declaration was lawful, however, the NT government maintains it acted lawfully.
Police Minister Brent Potter denied the new bill was drafted in response to legal concerns from the NTPA.
Rather, he said it was designed to give the police commissioner "the flexibility to act fast" during events that required more than the standard policing response.
He said a range of events could trigger a curfew under the proposed legislation.
"Serious acts to community safety is quite broad," he said.
"But I think we can all see what occurred in Alice Springs and use that as a benchmark for what such events would be going into the future."
NTPA president Nathan Finn said the bill appeared to be "an admission by the NT government that they got it wrong to start with" and should have been passed before the Alice Springs curfew began.
But he supported the measure, saying it would provide police with more protections in curfew situations.
"I just want to make sure that our members are supported and backed legislation-wise, so they're not going to get in trouble themselves," he said.
The Alice Springs youth curfew sparked mixed reactions on the ground.
While many residents hailed the emergency measure as a necessary "circuit-breaker", youth advocates and legal experts said it was short-sighted and failed to address the underlying drivers of crime and violence.
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Community groups and some Arrernte elders instead called for long-term solutions, such as better investment in youth engagement programs and employment opportunities.
Critics also pointed out that some young people roaming the streets in Alice Springs at night did not have a safe home environment, and had nowhere to go if picked up by police.
Opposition Leader Lia Finocchiaro said the Country Liberal Party would support the legislation.
"The CLP maintains that the curfew must come with consequences including referral to boot camps and mandatory community service for those who continually breach it," she said in a statement.
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