FED: Govt has more than one way to override the states

AAP General News (Australia)
02-15-2000
FED: Govt has more than one way to override the states

The death of a 15-year-old boy in a Northern Territory jail has set the scene for a
showdown between federal, state and territory governments.

The boy died while serving a mandatory sentence after being convicted for stealing
pencils, paint and crayons in the Northern Territory.

Prime Minister JOHN HOWARD has expressed public concern about the death and the mandatory
sentencing laws in the Territory and Western Australia.

But the issue of federal intervention is a political and constitutional minefield for Mr HOWARD.

The Liberal Party is generally considered a staunch defender of state rights and any
intervention by the federal government is likely to receive a hostile reception.

Greens Senator BOB BROWN wants the federal government to invoke Australia's international
obligations under the Convention on the Rights of The Child, to override both the NT and
WA mandatory sentencing laws.

But constitutional law expert TONY BLACKSHIELD says the federal government could use
its races powers, where the government can make laws for people of a particular race.

He says most of those caught up in the mandatory sentencing laws are Aborigines, giving
the federal government an extra loophole.

AAP RTV jg/mfh/smf/rp

KEYWORD: MANDATORY (CANBERRA)

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