A remote women's shelter has been unable to provide refuge to any women or children since opening its doors six months ago because its new building has serious defects and poses "significant security risks".
The Galiwin'ku Women's Space, on north-east Arnhem Land's Elcho Island, was handed over last year to provide desperately needed crisis accommodation for Yolngu women and children fleeing domestic and family violence.
It came after 10 years of tireless advocacy and negotiation with the NT government, calling for a culturally safe refuge for victims who had previously been forced to travel hundreds of kilometres for shelter.
Territory Families claimed the new space it had delivered was up to code, fit for purpose, and in "good working order".
But the shelter's operations manager Faith Makwanya said that was not the case.
She said, to date, they had been unable to secure an occupancy certificate for the building and that the space, which was constructed from second-hand demountables, "was not up to code" with several defects including a roof that leaked in the wet season.
Meanwhile the fence surrounding the property was so low, perpetrators could easily jump over it and access the site.
Ms Makwanya said this meant the space had been deemed not suitable for crisis accommodation, and therefore could not open its doors to those in need.
She said it was causing serious mistrust within the community.
"Multiple women come here every week who are in danger, and we can't protect them or serve them as we are supposed to in community," she said.
"All they see is a building, and they keep inquiring, 'Why can't we stay here?'"
Claims designs were overhauled
Five years ago, Territory Families and the Department of Infrastructure, Planning and Logistics worked closely with operators to develop plans for the long-awaited build.
But the service claimed that, because of "dwindling funds", the government had overhauled the designs without consultation, and constructed the space from demountables instead.
"So what we have right now and what we agreed upon five years ago is not the same building," Ms Makwanya said.
While the build was valued at $1 million, the service claimed this money had not been effectively spent.
"With a million dollars, they would have probably built an actual new building and not put together demountable homes," Ms Makwanya said.
Operators said the building handed to them was not constructed with crisis accommodation in mind — and initially had a fence that only surrounded three sides of the site.
"Because we're next door to the police, they assumed that the perpetrator wouldn't walk through the police side of the fence," she said.
After "months of hounding", a fourth side has now been installed — but the fence is still too low to be deemed secure.
"So we're not legally able to keep clients overnight, because it's just a building anyone can access," Ms Makwanya said.
'We still can't operate'
Ms Makwanya said they had had multiple discussions with Territory Families about issues with the site, but with little progress.
"We've been circling in the same space, about the same building," she said.
The shelter also claimed it had been unable to secure a sublease from the territory government, and therefore could not access insurance.
As long as the shelter lies empty, there are very few options for the Yolngu women and children seeking safety from abuse.
Some have had to be evacuated to shelters hundreds of kilometres from home, in Darwin, Katherine, or Gove.
But there have long been concerns these services are not culturally appropriate, due to language barriers and the sheer distance from close family supports.
"This is why the women ... designed and created a solution for domestic violence, that is Yolngu-led and Yolngu framework," Ms Makwanya said.
"But we still can't operate or get to the ground where they can feel safe and within their own communities."
Government claims space is operating
The NT government acknowledged there had been delays in finalising the formal land use agreement and leasing arrangements, which had "disrupted some services".
"This is being worked through," a spokesperson from the office of Territory Families Minister Kate Worden said.
However, the government claimed the Galiwin’ku Women’s Space was now up to code, fit for purpose and in "good working order".
It said in addition to the initial $1 million investment for the build, the government would provide recurrent funding of $300,000 to support the space.
"Programs are operating out of the facility and the office is up and running," the spokesperson said.
But Ms Makwanya said the reality was very different, and she was concerned women would stop seeking help the longer the shelter was forced to turn them away.
"It's not good enough," she said.
"If it was another situation in Sydney and Melbourne, this wouldn't have been the case.
"We feel like black women's lives do not matter."
