We of the Never Never?: Constitutional misconceptions and political realities in pre-constituting the State of the Northern Territory

Abstract

"The Territory is, in one sense, poised to become a State. Whether it does, and when it does, and on what terms it does, will depend a great deal upon the people of the Territory." --Chief Justice Robert French. "Delaying drongos are a hardy breed quite capable of transmitting their genes to the third and fourth generation." --The Honourable Austin Asche AC QC. In 2011 and 2012, the long history of Northern Territory's attempts to achieve the grant of statehood was marked by the unusual circumstances surrounding the Northern Territory Legislative Assembly's passage of the 'Constitutional Convention (Election) Act', an Act providing for the election of delegates for a Constitutional Convention at a time to be proclaimed by the Minister. The election of Convention delegates was originally agreed, on a bipartisan basis, to occur in March 2012, with the first Convention to be held in April 2012, but was postponed to a time of the prospective elected government's choosing, at the earliest after the 2012 Northern Territory election. This point was reached nearly 10 years after the Martin government, elected in 2001, renewed the Territory's recent quest for statehood, which was initiated in the wake of the 1998 defeat of a statehood referendum and the referral to the Northern Territory Legislative Assembly Committee on Legal and Constitutional Affairs of statehood matters for inquiry and report in 1999. A Northern Territory Statehood Steering Committee was established by resolution of the Northern Territory Legislative Assembly in 2004. From 2005, the Statehood Steering Committee "developed and commenced an extensive education and information campaign about Northern Territory Statehood", designed around three key aspects: the provision of information and education; the development of a "draft Constitution in consultation with Territorians and the facilitation of a constitutional convention to finalise that Constitution"; and that the Northern Territory Government take the lead in discussions with the Commonwealth Government concerning the future terms and conditions of Northern Territory Statehood. Importantly, it can be observed that after a period of years, only the first of these three key aspects has been completed.