NT Corrections officer warns proposed bail changes would be ‘catastrophic’ to overcrowded jails

Proposed bail changes are projected to turn the Territory into the most incarcerated place on the planet, with Corrections workers concerned about more people entering already crammed jails.

Proposed bail changes are projected to turn the Territory into the most incarcerated place on the planet, as NT Corrections workers warn any increase would be “catastrophic” to the already “dysfunctional” prison system.

Less than 24 hours after the death of a beloved Nightcliff business owner, Chief Minister Lia Finocchiaro announced her plans to rush through the “toughest bail laws in the country”.

Mrs Finocchiaro said she was intending to roll out bail changes in line with Victoria and New South Wales in an emergency session of parliament next Wednesday.

The full details of the legislation have not been provided to the public, five days before they are expected to be rushed through parliament.

Currently NT bail applications have to consider multiple factors including, if a person would attend their next court dates, risks to witnesses or evidence, the risk of reoffending, and the interests of the person, including any work, education or family obligations, how long they are likely to spend on remand, and their need to prepare for court.

Minister Robyn Cahill, Chief Minister Lia Finocchiaro, Minister Marie-Clare Boothby and Deputy Chief Minister Gerard Maley announced they would introduce the nation's "toughest bail laws" in response to the tragic killing of a Nightcliff shop owner by an alleged offender on bail. Picture: Darcy Fitzgerald

However under the NSW model – which only applies to children – bail must not be granted unless the court has “a high degree of confidence” they will not commit a further offence while on bail.

The Chief Minister’s office confirmed her proposed bail changes would apply both to adults and children, acknowledging in NSW the laws had resulted in a 32 per cent jump in the number of children held in prison.

A Corrections Officer, who spoke to the NT News on the condition of anonymity, said any significant increase to the remand population would be “catastrophic”.

“We’re already stretched to breaking point,” he said.

Corrections data confirmed that 2817 Territorians were being held in prison as of Thursday, half of whom were on remand and awaiting a sentence.

The Corrections worker said Berrimah Prison was already reaching its capacity, with 410 people locked up, while Holtze was “already breaking at the seams” with its 1467 prisoners.

“Even if we’re looking at a 10 per cent increase in remands, for a small jurisdiction like Darwin, that is catastrophic,” the Corrections officer said.

If the proposed bail changes have a similar impact to the New South Wales model, the NT’s prison population could swell by an additional 430 people.

Berrimah Prison — which was recently used as the Don Dale Youth Detention Centre — has been converted back into an adult prison. In December 2024 the CLP said this was only a short term measure and would permanently close the facility by 2027. Picture: (A)manda Parkinson

This would bring the Territory’s prison totals to more than 3200 people – just under two per cent of the total adult population, and overtaking El Salvador as the highest incarceration rate in the world.

The projected prison figure is beyond even the capacity of the Corrections Minister Gerard Maley’s own four-year plan for 3000-beds under the 2028 ‘infrastructure masterplan’.

Yet on Thursday, Mr Maley said there was “no capped number” to the prison figures, saying “we can make as many (beds) as necessary — another 1000, another 2000, another 5000, it doesn’t matter”.

Following the Chief Minister’s announcement a Corrections spokesman said the department was working with the Department of Logistics and Infrastructure on “options and time frames for additional beds”.

It comes as NT Corrections Commissioner Matthew Varley confirmed in February that half of all family violence treatment programs had been cancelled, education programs were running at 50 per cent capacity, non-essential industries and community service work parties have been shut down and 74 per cent of psycho-educational programs in Darwin Correctional Centre were cancelled.

Matthew Varley Commissioner Corrections NT and Gerard Maley Deputy Chief Minister of the Northern Territory as new Correctional Officer recruits are undergoing training to join the NT justice system. Picture: Pema Tamang Pakhrin

The NT has the highest recidivism rate in the country, with six out of ten prisoners returning to jail two years after being released, according 2023-24 Productivity Commission data.

On Thursday Mr Maley said he wanted to ensure “when you go into Corrections you have an opportunity for rehabilitation and education”, but Corrections Officers said there was currently “zero” capacity to safely run these programs.

“That’s the sad fact of it,” the source said, lamenting the “dysfunctional” state of the department.

“What does the community expect or want from its community services, do they expect us to rehabilitate prisoners?

“Or do they just expect us to be turnkeys? Just lock-em up?

The National Network of Formerly Incarcerated Women founder Debbie Kilroy also urged against rushing through harsh bail laws, saying it would only worsen the system “collapsing under the weight of overcrowding, systemic neglect, and racial injustice”.

“Law-and-order crackdowns in the heat of grief do not serve justice — they merely serve politics,” Ms Kilroy said.

She called for action on poverty, homelessness, unemployment, untreated mental health needs, and the lack of investment in community supports.

Originally published as NT Corrections officer warns proposed bail changes would be ‘catastrophic’ to overcrowded jails