Department of the Legislative Assembly, Northern Territory Government

Dr LIM - 2000-02-22

The Labor Party in the Territory says we must scrap mandatory sentencing, among other things, claiming it’s inhumane. What is the Chief Minister’s response to these claims?

ANSWER

Mr Speaker, it’s interesting that the southern commentators - and the Leader of the Opposition is amongst them - talk about this ...

Ms Martin: I’m not a southern commentator.

Mr BURKE: You may as well be a southern commentator, because you parrot the words of the southern commentators anyway.

They talk about the draconian laws and the draconian system we have of detention in the Northern Territory. Now, any Territorian who saw the Don Dale Detention Centre would know what a fine detention centre that is. It’s been reported on by Amnesty International. One of their spokesman reported from London that is was, in his words, ‘fantastic, one of the best that he had ever seen’. The Don Dale Detention Centre, we believe, plays a valuable role, particularly with troubled kids who, after repeated property offences, need to go to a place like Don Dale, where there are youth workers who work with those youths to try and straighten them out.

I could recount a story that was told to me only last night about one Territorian mother whose son is going back to Don Dale. She said to me: ‘I support mandatory sentencing and I support the fact that he’s going to Don Dale again, because I know where he is, and I know he’s getting 3 square meals and I know what he’s up to, and I’m hoping that Don Dale can sort him out because we’ve tried everything’.

There is widespread support for Don Dale Detention Centre and it’s an excellent detention centre ...

A member interjecting.

Mr BURKE: The member for Arnhem has a bit to say ...

Mr SPEAKER: Order! Order!

Mr BURKE: The member for Arnhem has a bit to say about the Don Dale Detention Centre. What do you say about Gatjil Djerrkura? Do you agree with Gatjil Djerrkura when he says it’s a fun house?

Mr Ah Kit interjecting.

Mr SPEAKER: Order!

Mr BURKE: Does the member for Arnhemagree with Gatjil Djerrkura when he says the Don Dale Detention Centre is a fun house, it’s a rite of passage, they’d rather go there. Now they are pumping iron – getting fitter. Do you agree with that? Do you agree that it’s not seen by Aboriginal users as any problem. Because one of your Aboriginal leaders is standing up here and saying…

Mr Ah Kit interjecting.

Mr SPEAKER: Order! Order!

A member interjecting.

Mr SPEAKER: Order! Order! The member for Arnhem is heading for a warning, in fact, he’s on a warning. One more outburst from either you or the member for Nhulunbuy and you’re out for an hour. I don’t want to hear another word. Just keep it down. The Chief Minister.

Mr BURKE: And I wonder what the member for Arnhem would say in response to some of those spokesmen, including Gatjil Djerrkura who wants tribal punishment. What do you say when you criticise Don Dale as being inhumane and you propose, as an alternative, tribal punishment? Go and tell the average Australian ...

Members interjecting.

Mr BURKE: We know! You know too, don’t you, member for Stuart? Go on, you stand up and tell us about tribal punishment, because I tell you that the average Aboriginal mum’s eyes would stick out like sticks if they think their kids are going to cop tribal punishment as opposed to Don Dale. Ask Amnesty International what they think of banishment.Ask Amnesty International what they think of spearing. Don’t stand up there and talk to the southern bloody Chardonnay set and say, ‘Tribal punishment is the answer,customary law is the answer’, because ..

Members interjecting.

Mr SPEAKER: Order!

Mr Ah Kit: You are a hypocrite.

Mr PALMER: A point of order, Mr Speaker! The honourable member for Arnhem knows full well that he cannot use those words in terms of the Chief Minister.

Mr SPEAKER: I am sorry I missed the words in the turmoil that was going on here. I did not hear them.

Mr PALMER: I would ask that he withdraw the inference that the Chief Minister is a hypocrite.

Mr SPEAKER: You should withdraw that comment.

Mr AH KIT: Mr Speaker, I withdraw the inference that the Chief Minister …

Mr SPEAKER: Order! Sit down without debate. Sit down, please.

Mr STIRLING: A point of order, Mr Speaker! I would just ask that you keep an eye on when the Chief Minister is directing personal remarks directly to the members opposite, rather than through you as Speaker.

Mr SPEAKER: It becomes ...

Members interjecting.

Mr SPEAKER: Order! Would you sit down please? The standard of interjection this morning is very bad. I am not pleased at all with the level of interjection. The member for Nhulunbuy himself, just does not hear what is going around him when he is yelling, and I have called you to order on a number of occasions. You should be aware that to speak over myself when I call for order is a serious offence and that you could be out immediately. So just watch it in future. The Chief Minister.

Mr BURKE: Mr Speaker, with regards to customary law, I have been, and I remain on the record, and I have worked diligently to see that aspects of customary law can be incorporated into our justice system and into much of our legislation in general – and in fact we are doing that. The member for Arnhem knows full well in terms of recognition of marriages, that that is already incorporated into our legislation in various aspects.

But to suggest – and this is the point I am making – to suggest that somehow Don Dale as a detention centre is inhumane, and somehow tribal punishment as it exists in some corners of the Northern Territory is a reasonable alternative, to my mind, begs the incredulousness of any smart thinking or average thinking person, including those in this House who have had far more experience in these issues than I have.
Last updated: 09 Aug 2016