The Northern Territory government enacted significant reforms to its child protection laws during a parliamentary session late last night.
These amendments represent a substantial transformation of the child protection framework in the Northern Territory, with the Child Protection Minister asserting that they will assist families in making necessary changes.
However, the reforms have faced backlash from Aboriginal leaders and human rights advocates.
In a historic move, the Northern Territory Parliament approved legislative updates to the child protection system, with the Country Liberal Party (CLP) labeling the new laws as “the most significant overhaul of the Territory’s child protection system in a generation.” The amendments were passed at 10:29 PM on Tuesday evening.
Minister Robyn Cahill remarked that children have often been “let down by a system that acted too late,” asserting that these new reforms would address that issue.
“Tonight, we didn’t just assert that every child matters; we enshrined it in law,” she stated. “We are taking action earlier, supporting families in their efforts to improve their situations, and ensuring that Aboriginal children remain connected to their families and culture when it is safe to do so.”
The CLP indicated in a statement that the legislation introduces proactive requirements aimed at providing families with support more promptly.
Despite concerns from critics suggesting that the new bill could undermine the Aboriginal Child Placement Principle and potentially lead to an increase in child removals, the NT government maintained that the amendment “modernizes” the policy to ensure children maintain connections to their families and culture.
The Aboriginal Child Placement Principle is a foundational aspect of the NT’s existing child protection legislation, recognizing the importance of connection to land, culture, and community for the safety and identity of Indigenous children.
The CLP has previously indicated that the new bill will establish a “universal principle” to ensure that decisions are made in “the best interests of every child,” regardless of their background.
Chief Minister Lia Finocchiaro emphasized that the existing child protection system has been failing the children of the Territory. “It was clear that the system could not continue in its current form,” she remarked.
However, the reforms have drawn criticism from various political figures and experts in child protection for being rushed through without adequate consideration of community feedback. Independent MLA Justine Davis expressed concern that the law changes represent “a tragic missed opportunity,” warning that children in the Territory would suffer the repercussions for many years to come.
Davis stated, “The CLP government opted to disregard the substantial evidence presented to parliament, enacting a detrimental law that has raised alarms from almost every sector of the child protection community about the risks it poses to children.”
In preparation for the parliamentary discussions, the NT Legislative Scrutiny Committee conducted two days of public hearings last month, gathering insights from experts, including Catherine Liddle, CEO of the Secretariat of National Aboriginal and Islander Child Care (SNAICC).
On Wednesday morning, Liddle criticized the government’s assertions that the new legislation treats all children equally, describing such claims as a “distraction.” She remarked, “Legislation alone cannot change the world; it may generate headlines, but it does not equate to meaningful action.”
Liddle further articulated concern that the NT’s child protection system creates enduring conditions that affect future generations, calling it “sheer cruelty” to ignore the expert evidence and lived experiences presented during the discussions.
“You cannot genuinely claim to prioritize children’s safety while disregarding the evidence that indicates what ensures their protection,” she said. “This legislation diminishes the safeguards that were established to protect Aboriginal and Torres Strait Islander children, who face significant lifelong harm within the child protection system. It is inexcusable to make decisions that will adversely affect these children for the rest of their lives.”
Prior to the discussions regarding the changes, hundreds protested outside Parliament House, with participants including legal representatives, domestic violence organizations, and families who have experienced the child protection system firsthand.
During the parliamentary debate, an independent review of the circumstances surrounding the tragic death of Kumanjayi Little Baby was also presented. The five-year-old girl was reportedly abducted from a residence in an Alice Springs town camp and murdered in April of this year. The report highlighted serious failures by the department in managing her case and included seven recommendations, one of which called for a “comprehensive reset” of the department’s operational framework.
Davis criticized the timing of the government’s decision to discuss a child protection bill on the same day that the review’s findings were released, labeling it “a blatant undermining of the scrutiny process.” She added, “It is evident that this bill has been a long-standing part of the CLP’s agenda, regardless of the evidence presented.”
She noted that the recommendations from the Webb-Shanahan review echoed those of the 120 individuals who opposed the bill and submitted feedback to the Scrutiny Committee, asserting that the CLP had no intention of heeding this advice, as the bill failed to address any of the concerns raised.
Ben Grimes, CEO of the North Australian Aboriginal Justice Agency (NAAJA), accused the government of exploiting “the human tragedy surrounding Kumanjayi Little Baby’s death” for political gain.
