Effectiveness of Responses Revision Notes for HSC SSCE Legal Studies

Effectiveness of Responses

Overview of the NTNER's effectiveness

The Northern Territory National Emergency Response (NTNER) has been widely perceived as racist, protectionist and regressive by many critics. The intervention appeared to disregard decades of negotiation and collaboration with Indigenous communities, as well as international conventions established by the United Nations. However, assessing whether the NTNER achieved its stated objectives requires examining both positive and negative outcomes.

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Fundamental Question

Did the intervention improve the lives of Indigenous People of the Northern Territory (IPNT) and reduce child sexual assault as intended?

Positive outcomes

Government claims and perceptions

In $2011$ , the federal government asserted that Aboriginal people living in remote communities in the Northern Territory felt safer and received better levels of government services than they had four years earlier. However, these claims must be evaluated against measurable data.

Housing improvements

The NTNER delivered tangible results in housing infrastructure. By June $2011$ , the government exceeded its targets:

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Housing Infrastructure Achievement (June 2011)

New Houses:

Target: $310$ new houses
Actual: $324$ new houses
Result: Target exceeded

Refurbishments:

Target: $1182$ refurbishments
Actual: $1592$ refurbishments
Result: Target exceeded

These figures represent a significant investment in improving living conditions for remote Indigenous communities.

Education improvements

Several educational indicators showed improvement during the intervention period:

Preschool attendance (ages 3-5)

In $2006$ , only $23\%$ of Indigenous children attended preschool, compared with $36\%$ of non-Indigenous children. By $2011$ , Indigenous preschool attendance had increased to $30\%$ , while non-Indigenous attendance rose slightly to $37\%$ .

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Although preschool attendance is not a direct measure of literacy gains, increased enrolments represent a positive educational outcome as early childhood education is linked to better long-term educational results.

Participation in education (ages 15-24)

The number of Indigenous Australians in the Northern Territory participating in education at some level rose from $16.6\%$ in $2006$ to $22.4\%$ in $2011$ . However, this still fell significantly short of the non-Indigenous NT population, which maintained participation rates of approximately $38\%$ . The gap between Indigenous and non-Indigenous educational participation remained substantial.

School attendance rates

School attendance rates showed modest improvement, rising from $59\%$ in $2007$ to $62\%$ by $2011$ . However, these figures fluctuated during the intervention period, reaching $64\%$ in $2009$ before declining slightly.

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This fluctuation suggests that any improvements were not consistent or stable over time, raising questions about the sustainability of gains.

Household income growth

Indigenous household incomes in the Northern Territory increased by approximately $12.7\%$ between $2006$ and $2011$ . While this represents real income growth, non-Indigenous household incomes grew at an even faster rate during the same period. As a result, the income gap between Indigenous and non-Indigenous households actually widened during the intervention.

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This makes it difficult to determine whether income improvements were a direct result of the NTNER or would have occurred regardless of the legislative changes. The question of causation versus correlation remains unresolved.

Negative outcomes

Continuation of controversial measures

Despite a change of government in $2007$ and the formal end of the five-year program in $2012$ , the Stronger Futures in the Northern Territory Act 2012 (Cth) provided little relief for IPNT. Many of the controversial measures introduced under the NTNER continued under new legislation, suggesting that the fundamental approach to Indigenous policy had not significantly changed.

Psychological and social impacts

The despair experienced by many Indigenous people as a result of the intervention often manifested as anger and rebellion against authorities. This emotional response led to:

Increased arrests
Higher incarceration rates
Breakdown in relationships between Indigenous communities and government authorities

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This cycle of despair, anger, and increased contact with the criminal justice system represents a significant negative outcome of the intervention. The psychological and social costs cannot be measured in statistics alone but have profound long-term impacts on communities.

Lack of evidence on child sexual assault

According to an Aboriginal and Torres Strait Legal Services Issues Paper published in $2010$ , there was little evidence of improvement in child sexual assault statistics.

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Failure to Achieve Primary Objective

This is particularly significant because reducing child sexual assault was one of the primary stated objectives of the NTNER. The failure to demonstrate measurable progress in this area undermines the justification for the intervention.

Worsening key indicators by 2015

By $2015$ , many critical aspects of IPNT lives had worsened under the intervention:

Suicide rates: Increased by $500\%$
Incarceration rates: Increased by $40\%$
School attendance: Decreased by $5\%$
Unemployment: Worsened (specific figures not provided)

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These statistics paint a stark picture of declining wellbeing in Indigenous communities during the intervention period. The dramatic increase in suicide rates is particularly alarming and suggests profound community distress.

International comparison on incarceration

The incarceration rates for Aboriginal people in the Northern Territory reached extraordinary levels. It has been noted that:

"Aboriginal people are one of the most incarcerated on the planet. If the NT was a country, it would have the second highest rate of incarceration after the USA."

This comparison highlights the severity of the over-representation of Indigenous people in the criminal justice system and suggests that the intervention may have exacerbated rather than ameliorated this problem.

Specific controversial measures

Several specific aspects of the NTNER were identified as particularly harmful:

Suspension of the Racial Discrimination Act: The temporary suspension of this protective legislation for several years was widely criticized as discriminatory
Cutting of CDEP: The reduction of the Community Development Employment Projects removed employment opportunities
Forcible movement towards welfare: The shift from employment programs to welfare dependency was seen as regressive
BasicsCard: The requirement to redeem welfare payments publicly through the BasicsCard system was viewed as stigmatizing and paternalistic

Conclusion and overall assessment

Difficulty in establishing causation

It remains difficult to determine whether the modest gains observed in education and income up to $2011$ would have occurred without the NTNER. The intervention's nine strategies were not applied to non-Indigenous people, making accurate comparison challenging.

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The Causation Problem

Without a proper control group or baseline data, attributing improvements specifically to the NTNER is problematic. This methodological limitation makes it impossible to definitively prove that the NTNER caused the positive outcomes observed.

Failure to achieve primary objectives

While the stated rationale of the NTNER was to accelerate the delivery of services to IPNT and reduce child sexual assault, the program failed to demonstrate success in these core objectives. The lack of evidence showing improvement in child sexual assault statistics represents a fundamental failure of the intervention's primary goal.

International condemnation

The NTNER received widespread condemnation from respected international organizations, including:

United Nations
Amnesty International

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This international criticism focused on the discriminatory nature of the intervention and its violation of human rights principles. Such condemnation from authoritative global bodies raises serious questions about the legitimacy and appropriateness of the intervention.

Overall effectiveness assessment

By $2015$ , the evidence suggested that the NTNER had not improved the lives of IPNT in key areas:

Education outcomes remained poor
Income gaps widened
Health indicators deteriorated
Incarceration rates increased dramatically
Suicide rates increased catastrophically

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Policy Framework Failure

The combination of discriminatory legislative changes (including suspending the Racial Discrimination Act), removal of employment opportunities (cutting CDEP), forced welfare dependency, and stigmatizing payment systems (BasicsCard) created a policy framework that many viewed as fundamentally flawed and harmful.

Exam guidance

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Approaching NTNER Effectiveness Questions

When evaluating the effectiveness of responses to the NTNER, consider:

For analysis questions: Examine both positive and negative outcomes using specific statistical evidence. Consider whether improvements can be attributed to the intervention or would have occurred anyway.

For evaluation questions: Weigh the modest improvements in some areas (housing, some education indicators) against the significant deterioration in others (suicide, incarceration, child sexual assault). Consider the human rights implications and international criticism.

For assessment questions: Make a clear judgment about overall effectiveness, supported by evidence. Consider short-term versus long-term impacts and the distinction between stated objectives and actual outcomes.

Key command word responses:

Assess: Make an informed judgment about the overall effectiveness, considering both strengths and weaknesses
Evaluate: Weigh up the positive and negative outcomes, considering their relative importance and impact
Analyse: Break down the different aspects of effectiveness, examining causes and consequences

Remember!

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Key Points to Remember:

The NTNER showed some positive outcomes in housing ( $324$ new houses, exceeding targets) and modest improvements in education participation up to $2011$
However, by $2015$ , critical indicators had dramatically worsened: suicide rates increased by $500\%$ and incarceration rates by $40\%$
There was little evidence that the primary objective of reducing child sexual assault was achieved
Income improvements for Indigenous households were outpaced by non-Indigenous income growth, widening the gap
The intervention received widespread international condemnation from the United Nations and Amnesty International for its discriminatory approach
Overall, the NTNER is widely regarded as ineffective and harmful, with negative outcomes outweighing any modest positive gains

Effectiveness of Responses (HSC SSCE Legal Studies): Revision Notes