The Children’s Commissioner of the Northern Territory has announced her resignation as the Country Liberal Party (CLP) government moves forward with controversial reforms to child protection laws, which have met strong opposition from Aboriginal communities, health organizations, legal entities, and human rights advocates.
This development follows the recommendation for the bill’s passage by a government-controlled parliamentary committee, despite considerable pushback and uncertainty regarding key components of the legislation. The committee, dominated by a CLP majority, voted three to two in favor of advancing the bill, with dissenting opinions from the two opposition members.
The proposed reforms could lower the criteria for removing children from their families and facilitate the placement of Aboriginal children with non-Indigenous foster families or in group homes. Government officials argue that these adjustments aim to enhance the safety and stability of children taken from their families.
Oly Carlson, the chair of the committee, acknowledged in her introduction to the 169-page report that numerous submissions and testimonies were against the legislation. However, she asserted that the responses from the Department of Children and Families sufficiently addressed the stakeholders’ concerns.
Independent MLA Justine Davis and Labor representative Dheran Young submitted dissenting reports urging the government to either pause or retract the proposed legislation. Aboriginal organizations, caught off guard by the bill’s introduction following the tragic death of Kumanjayi Little Baby in Alice Springs, expressed disappointment but not surprise at the committee’s findings. Catherine Liddle, CEO of the Secretariat of National Aboriginal and Islander Child Care (SNAICC), remarked that the recommendation contradicts lessons learned over generations, emphasizing the harm caused by separating children from their familial and cultural roots.
The amendments have garnered support from the Foster and Kinship Carers Association of the Northern Territory and Liberal Senator Jacinta Nampinjinpa Price. The committee’s report also referenced favorable submissions from the NT Police Association and the Australian Christian Lobby. However, a significant majority of the 150 submissions received during the inquiry opposed the changes, including those from national child safety organizations and various Aboriginal, health, legal, and human rights groups.
In a statement released today, NT Children’s Commissioner Shahleena Musk confirmed her resignation, effective next Thursday, citing her “effective sidelining” in the legislative changes as a primary reason for her decision. Musk stated that her choice was not made lightly and reflects her mounting concerns regarding the current state of independent oversight, evidence-based policy formation, and transparency in decision-making within the Northern Territory.
She expressed her inability to support the government’s approach to significant alterations in child protection legislation, advocating for reforms to be based on evidence and shaped through meaningful consultation with experts and organizations dedicated to child welfare. Musk also raised concerns about the diminishing role of independent oversight in safeguarding vulnerable children, highlighting its importance in maintaining accountability within the child protection system.
The scrutiny committee, led by CLP members Oly Carlson, Laurie Zio, and Clinton Howe, suggested a minor revision to the 50-page bill but still found the proposed changes “adequately drafted.” They recommended that the government clarify the intended alterations to the criteria for child removal, which they described as “unclear.” Currently, Northern Territory law permits the removal of a child only if there is an unacceptable risk of harm. The proposed legislation would require caseworkers to remove a child if there is a “significant and likely risk” of harm, raising concerns about potential increases in unnecessary removals and deviations from established legal precedents.
Despite requesting clarification on this matter, the committee noted that the Department did not provide guidance on whether the change was meant to modify the threshold or simply rephrase the existing criteria. The report urged the government to submit an additional explanatory statement to clarify its intentions regarding the threshold for child removals.
A representative for NT Minister for Children and Families, Robyn Cahill, indicated that the government would take the committee’s recommendations into account. Opposition Leader Selena Uibo criticized the scrutiny committee process, labeling it as merely a “tick-box exercise” rather than a sincere effort to engage with stakeholders, assess evidence, and improve the legislation. Uibo stated that the CLP has disregarded the voices of Territorians, experts, and Aboriginal communities while pushing forward with laws that lack the necessary evidence to support their effectiveness.
