Calls from local First Nations residents to repeal the recently decreed Port Augusta Declared Public Precinct have been backed by Australia's Aboriginal and Torres Strait Islander Social Justice Commissioner.
The measure, which came into effect on 18 October for a six-month period, has been put in place by the South Australian Government to curb crime and alcohol abuse in the Port Augusta CBD.
The measure gives police extra powers to conduct drug and metal detector searches on any person within the area and order a person or group posing a risk to the public to leave. Police can also remove children from the precinct who are in danger of physical harm or abuse.
However, local First Nations elder Uncle Charles Jackson says the move is disproportionately impacting First Nations people and does not address the root causes of disadvantage which affect First Nations people.
Aboriginal and Torres Strait islander Social Justice Commissioner Katie Kiss: "I share Uncle Charles Jackson's concerns about the Port Augusta Declared Public Precinct.
"This measure is likely to disproportionately impact and indirectly discriminate against First Nations people, and First Nations youth in particular.
"On the day these new laws were announced, I met with members of the Port Augusta community who expressed their concerns about these laws, but they also raised concerns about the levels of violence within in the community."
"Measures that will have a disproportionate impact on First Nations peoples must be designed and delivered in partnership with those communities. Communities must also be supported by policies and programs that address the broader social issues that are prevalent here.
"It has been reported that Attorney-General and Minister for Aboriginal Affairs Kyam Maher acknowledges that this measure, in isolation, isn't a solution and has cited the South Australian Government's investment into Port Augusta Youth Programs as a parallel initiative.
"However, these parallel measures do not address the additional harms that the Declared Public Precinct is likely to create by bringing more First Nations people into contact with policing and justice systems.
"Both of the Declared Public Precinct measures this year (in Adelaide and Port Augusta) were put into effect pursuant to Section 66N the Summary Offences Act 1953 (SA) in direct contradiction of the Royal Commission into Aboriginal Deaths in Custody Report 1991 recommendation that the Summary Offences Acts in each jurisdiction be repealed.
"Rather than being 'one piece of the puzzle' towards an effective solution as has been claimed by supporters of the measure, the Declared Public Precinct and its associated police powers will risk undermining the impact of the other investments and initiatives that the South Australian Government is putting in place."
