A coalition of eight (8) legal services that provide legal assistance to parents and families in child protection matters in the Northern Territory are deeply disturbed by the Northern Territory Government’s proposed changes to the Care and Protection of Children Act 2007 (NT) announced for introduction today (Wednesday 13 May).
The proposed changes risk causing further harm to a generation of Aboriginal children and are a callous politicisation of the recent tragic death of a child.
The group, comprising the North Australian Aboriginal Justice Agency (NAAJA), the North Australian Aboriginal Family Legal Services (NAAFLS), Central Australian Aboriginal Family Legal Service (CAAFLU), Legal Aid Commission NT (LANT), Top End Women’s Legal Service (TEWLS), Katherine Women’s Information and Legal Service (KWILS), Central Australian Women’s Legal Service (CAWLS) and the Darwin Community Legal Centre (DCLS), are calling on the Northern Territory Government to not introduce the Bill and work with the sector to improve outcomes for Aboriginal children.
News outlets have reported that the Bill introduces a suite of significant amendments to the child protection system, including:
- Removing the Aboriginal Child Placement Principle (ACPP) and replacing it with a broad, generalised placement principle that does not specifically recognise the importance of culture, kinship and community for Aboriginal children;
- Limiting the Court’s discretion to act in the best interests of the individual child, by introducing rigid legislative requirements;
- Mandating long-term orders, so that if reunification with family is not achieved within two years, a child must be made a long-term ward of the Territory, rather than allowing the Court to decide what is best in each case.
Northern Territory Children’s Commissioner Shahleena Musk and National Commissioner for Aboriginal and Torres Strait Islander Children and Young People Sue-Anne Hunter today have called on the Northern Territory Government to “immediately halt legislative reform planned for this week”.
The combined legal services add our voices to this request.
Consultation and good law making processes
The Minister has said she is calling for an inquiry to “find out what is going wrong” in the child protection system. But introducing legislation at the same time, particularly legislation that removes court discretion and limits consideration of a child’s best interests, cuts directly across that stated intent.
The Northern Territory is not lacking in evidence.
There have already been 15 coronial inquests into the deaths of children in care, as well as major inquiries including the Little Children are Sacred Report and the Royal Commission into the Protection and Detention of Children in the Northern Territory. Together, these processes have produced at least 378 recommendations.
Yet the proposed legislation reflects none of these findings and does not engage with the extensive evidence already available about what is needed to improve outcomes for children.
“As experts working with families every day, we have not been consulted,” said acting CAAFLU CEO Carol Smith. “It has been particularly jarring to find out about the Minister’s intentions in news reports.”
“This is not how good or safe or functional laws are made,” NAAFLS CEO, Cindy Torrens said.
Aboriginal Child Placement Principal
The Aboriginal Child Placement Principles are a national framework designed to ensure that Aboriginal children are connected to their family, culture, language and Country. They are designed to prevent another Stolen Generation. The placement principles only apply when a child cannot safely remain at home, in which case they establish a hierarchy to maintaining a child’s connection to family, kin and community.
NAAJA CEO, Ben Grimes says these changes are a political distraction.
“There is so much this NT government could do to improve outcomes for Aboriginal children, but it starts with working together with Aboriginal communities, community-controlled organisations and the sector, not against them,” Mr Grimes said.
“It’s shocking that the government would move to water down the Aboriginal Child Placement Principles when the NT is already the worst performing jurisdiction in the country when it comes to placing children with family,” Cindy Torrens, NAAFLS CEO said.
In the Northern Territory, Aboriginal children represent approximately 90% of all children in out of home care, yet only 16.7% of them are placed with family.
The coalition says that it is not about whether culture outweighs safety. The best interest of the child is always the paramount consideration under the current Act and protecting children from harm and exploitation is at the core of the current legislation. The evidence shows that Aboriginal children do better when culture is recognised as a protective factor, not a barrier.
Long Term Care Orders
The Northern Territory Government is proposing laws that would restrict the powers of the courts in child protection matters. Under the Draft Bill, if a child is not safely reunited with their family within a maximum of two years, the court could be forced to make orders that keep that child in government care until they turn 18.
That approach removes the ability for courts to properly centre the individual best interests of each child. Children and families do not operate on fixed timelines. Decisions about safety, reunification and care should respond to a child’s specific circumstances, including their relationships, culture, and the supports available to their family. Imposing rigid time limits risks outcomes being driven by the clock, rather than what is actually best for that child.
Victoria repeals failed mirror model
Importantly, today, the Victorian Government is repealing a nearly identical model after almost a decade of operation. Evidence showed it was too rigid, reduced reunification rates, and failed to properly account for the realities families face, particularly where access to services is limited. It prioritised legal finality over genuine stability and, in doing so, did not deliver better outcomes for children.
In the Northern Territory, this risk is even more acute because families often cannot access the services they need within those timeframes. The government has not adequately funded culturally appropriate, community-led supports, particularly in regional and remote areas. Without access to housing, alcohol and drug services, and culturally safe family support, families are effectively set up to fail within an arbitrary two-year window.
The likely outcome for many of these children is long-term placement in residential group homes. These are institutional-style settings, often with rotating staff, where children can experience instability, disconnection from family and culture, and exposure to other young people with complex needs. We already know from evidence these environments can increase vulnerability and do not consistently produce better long-term outcomes.
At the same time, the Northern Territory Government’s own budget shows significant underinvestment in prevention, rehabilitation and support programs, alongside a heavy focus on infrastructure.
When the system is under-funded at the front end, and courts are restricted at the decision-making end, the result is a pipeline of children into long-term care, without addressing the underlying causes.
The Northern Territory has had first-hand experience of the long term impacts of disconnecting children from their families and culture. We know that this legislation will cause further generational harm. It will not make our children safer.
Ends.
Media contacts:
Emily Murphy-O’Neill
Media Strategy & Communications Officer
North Australian Aboriginal Justice Agency
0455 556 412
[email protected]
Joe Horner
Communications Officer
North Australian Aboriginal Family Legal service
0457 488 613
[email protected]
