Davenport Community

In reply to the Hon. F. PANGALLO ().29 August 2024).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State): I am advised:

The trust has not placed the Davenport Community Council (council) into administration. As the council is established under the Associations Incorporation Act 1985 (SA), administration can only be sought by Consumer and Business Services, which administers that act.

The council leases land at Davenport from the trust. In July 2020, the trust received a petition from Davenport community residents asserting a range of governance issues and seeking a general meeting of Davenport community members. After public consultation, the trust appointed a manager for the lands leased to the council, as it is entitled to do under s.45 of the Aboriginal Lands Trust Act 2013 (SA).

After that decision, the manager assumed the council's rights and responsibilities under the Davenport lease; however, the council continued to exist and its rights and obligations outside of the lease were unaffected by the manager's appointment.

I am not aware, nor is my department, of any findings of a criminal nature against anyone involved in the Davenport community, arising from the appointment of a manager by the trust. I am not aware of any investigation conducted by a law firm instructed by the trust, nor is my department. I am not aware of any current police investigation into the disappearance of heavy vehicles and equipment, nor is my department.

In response to longstanding requests from the Davenport community for an alcohol dry zone in its public areas, I have progressed amendments to regulations under the Aboriginal Lands Trust Act 2013 and a proclamation under the Public Intoxication Act 1984, which together will introduce a dry zone to Davenport community lands. The dry zone will commence on 15 November 2024.

The dry zone is an innovative, health-based response that will give police powers to remove alcohol from unauthorised drinkers, to refer problem drinkers to screening services for health and wellbeing support, and to take persons at risk of harm to a safer place.

It is anticipated that over time these measures will reduce the likelihood of people intoxicated by alcohol committing offences in the Davenport community. In addition, ongoing alcohol restrictions have applied in nearby Port Augusta (4kms away) since November 2022 and were reviewed and confirmed in December 2023.

The restrictions prohibit bottle shops opening before 11am, with customers limited to purchase the following quantities of liquor per person per day:

Up to two 750ml of bottles of spirits or

One 1 litre bottle of spirits or

One two-litre cask of wine, with casks over two litres prohibited from sale or

One 750ml bottle of fortified wine or port.

All licensees who sell takeaway liquor in Port Augusta, where the liquor restrictions apply, are required to use ID Scan. ID Scan alerts a licensee if a person has reached their daily purchase limits for that region, or if they reside in a community where alcohol is prohibited and therefore are not permitted to purchase takeaway alcohol. ID Scan helps licensees to comply with conditions around the sale of takeaway alcohol aimed at minimising the risk of alcohol-related harm and preventing the supply of liquor to dry communities.

South Australia Police report that antisocial behaviour has reduced which is demonstrated by a downturn in public drunkenness, property damage, domestic violence and assaults, since the restrictions were introduced in November 2022.

In relation to damage to Davenport common facilities, I wish to advise that when this came to my department's notice, my departmental officers appropriately contacted the trust, being the responsible entity to respond as the landowners of Davenport lands.

I understand that the trust reported the matter to South Australia Police who attended. Repairs to the damaged assets are the responsibility of the trust.