Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 services available. Including domestic violence as a trigger for income management could discourage women experiencing domestic or family violence from seeking assistance from Centrelink and consequently place women at greater risk, and result in under-reporting of domestic violence. • To justify the continuation of the NTER there would need to be clear evidence that the NTER is yielding results in terms of its stated objects. The Special Rapporteur on indigenous peoples has noted that ‘to date, the evidence in this respect is at best ambiguous… [and] even assuming there have been some improvements, there is no evidence that the rightsimpairing discriminatory aspects of the NTER have been necessary’. 58 The Commission emphasises the need for the government to develop proper monitoring and evaluation systems to ensure adequate evidence is collated on the effectiveness of the NTER. 59 Recommendation 21: That, to bring the NTER into full compliance with human rights standards, the NTER be amended as follows: • The categories of ‘disadvantaged youth’ and ‘long-term welfare payment recipients’ be reformulated to apply on a case-by-case basis . • Domestic violence not be included as an indicator for ‘vulnerable welfare payment recipient’ under the redesigned income management scheme • The capacity to compulsorily acquire any further five-year leases under Part 4 of the NTER Act be removed and the Government commit to obtaining the free, prior and informed consent of traditional owners to enter into voluntary lease arrangements for existing compulsory lease arrangements. • The government move towards further amendments of the NTER to incorporate notwithstanding clauses in the legislation and ensure all measures that are intended to be special measures comply with the RDA. Recommendation 22: That the Australian Government: • supplement any income management scheme with additional support programs that address the rights to food, education, housing, and provide support in the form of financial literacy/budgeting skills. • ensure the participation of Indigenous peoples in developing, implementing and monitoring alcohol management plans and ensure all alcohol management processes are consistent with the RDA. Alcohol restrictions should be supplemented by investment in infrastructure in the health and mental health sectors (including culturally appropriate detoxification facilities) and investment in culturally appropriate community education programs delivered by Indigenous staff. 20