On 27 March 2024, the Northern Territory government declared an emergency situation for the “High-risk area — Alice Springs precinct”. The declaration imposed a youth curfew on people under the age of 18, requiring them to stay outside of the high-risk area between 6 PM and 6 AM for the next 14 days. During this time a young person will be permitted to be within the high-risk area only if they have a reasonable excuse — for example, attending employment, accessing a youth related service, a medical emergency, or being in the company of a responsible adult. This page outlines the youth curfew imposed in Alice Springs and the community responses to it.
Why has the youth curfew been imposed?
The curfew has been imposed in response to a number of serious violent incidents in the Alice Springs area involving young people. In particular, the curfew has been imposed in response to an incident at the Todd Tavern on the Tuesday before it was announced in which dozens of mostly young people armed with weapons stormed the tavern after a community dispute following a funeral.
“We call upon the senior leadership of our community members to join forces with us in combating the wanton destruction plaguing Alice Springs,” said Acting Deputy Commissioner of NT Police Martin Dole.
Enforcement of the youth curfew
If a young person is found within the designated area during the hours that the curfew is in force, they will be directed to leave. If the young person does not leave when directed, they may be charged with an offence.
Police Auxiliary Liquor Inspectors will be patrolling all bottle shops in Alice Springs for the 14 days that the curfew is in force.
Police have urged all residents in Alice Springs to discuss the curfew and the designated areas with young people to ensure adherence.
Legal basis for the youth curfew
The curfew has been imposed under the Attorney General’s emergency powers under the Emergency Management Act 2013.
Under section 19 of that act, the Minister may declare a state of emergency if:
- an emergency has occurred; and
- the Minister is satisfied that emergency powers are needed to effectively respond to the emergency.
Under section 23 of the act, and emergency officer may do any of the following:
- direct a person to evacuate from, and remain outside, a specified place in the affected area;
- remove or direct another person to remove a person who does not comply with a direction from the place;
- direct the owner of anything in or near the affected area to remove or secure the thing;
- remove or secure, or direct another person to remove or secure, anything in or near the affected area if the owner of the thing does not comply with a direction to remove or secure the thing or cannot be found within a reasonable time to give the owner a direction
- direct the owner or occupier of property in or near the affected area to place the property under the control of the authorised officer.
An authorised officer, or a person acting under their authority may use reasonable force to remove a person if necessary.
Community reactions
The curfew has been criticised as being discriminatory by the legal community, including the North Australian Aboriginal Justice Agency (NAAJA), as the measures are likely to disproportionately affect Aboriginal young people.
Concerns have also been expressed that the emergency measures may be unlawful, with some lawyers questioning whether the Emergency Management Act confers the power to pass emergency measures in response to civil disturbances. The powers have traditionally been used in response to emergency situations such as fires, cyclones and floods and some feel they were not designed to prevent people from doing things that are not otherwise unlawful.
Legal challenges may arise in response to arrests and charges that are laid as a result of the emergency managers, lawyers have predicted. Anti-discrimination claims may also be filed as a result of the emergency measures.
It has also been pointed out that some of the violent incidents that occurred in the lead up to the imposition of the curfew were in fact led by adults, and that a curfew which targets only young people is not an adequate or an appropriate response. However, Catherine Liddle, the CEO of SNAIC, the National Voice for Our Children, spoke in support of the emergency measures on ABC television program 7:30, saying they are what the Alice Springs community needs in order to start healing and planning longer-term measures to keep the community and its youth safe. Ms Liddle also claimed that the measures are not limited to youth and could also be used to respond to adult offenders.
The NT chief minister has stated that she is confident the emergency measures will withstand any legal challenges.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
