Children’s Commissioners urge NT government to scrap planned changes to Aboriginal child placement principles
Australia’s national Children’s Commissioners have warned against proposed changes to child protection laws in the Northern Territory, arguing they would undermine basic protections for First Nations children to be able to grow up with their culture and community.
Indigenous Affairs
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Australia’s national Children’s Commissioners have warned against proposed changes to child protection laws in the Northern Territory, arguing they would undermine basic protections for First Nations children to be able to grow up with their culture and community.
But Child Protection Minister Robyn Cahill says there is “misinformation” around the move.
A leaked NT government document has outlined planned change to the Care and Protection of Children Act, to give courts more discretion to remove children from their homes without adherence to the Aboriginal Child Placement Principle.
The principle currently requires any Aboriginal child in the child protection system to be placed, if possible, with family or other Indigenous carers, rather than non-Indigenous carers.
Other proposed changes when dealing with Aboriginal children include making it easier for courts to remove family involvement in decision making about the child, placing the child in care close to their family, and making decisions about an Aboriginal child that are healing-focused and trauma-informed.
“It is proposed that the amendment be made to ensure that even if it is practical to uphold a principle … a court has discretion to not uphold the principle in special/exceptional circumstances where upholding the principle may adversely impact the safety and wellbeing of children and/or adults within a family or community,” the proposed Bill states.
Acting National Commissioner for Aboriginal and Torres Strait Islander Children and Young People Lil Gordon, and National Children’s Commissioner Anne Hollonds, both expressed serious concern about the proposal.
“Along with the recent lowering of the age of criminal responsibility by the NT government, these new measures are not based on evidence, and they risk harming vulnerable children. This will not help the broader NT community,” Commissioner Hollonds said.
“Evidence shows that connection to culture, family and community is a key protective factor for children and helps prevent crime.”
Acting Commissioner Gordon called for consultation and engagement with Indigenous communities before proceeding with the proposed changes.
The NT Children’s Commissioner also queried the necessity and urgency of the proposed amendments, and said there was no apparent evidence base or justification behind them.
According to SNAICC reporting, the Territory’s rate of placing Aboriginal children in care with Aboriginal kin or other Aboriginal carers has worsened over recent years.
In 2022-23, only 23.8 per cent of Aboriginal children were placed with Aboriginal kin.
Child Protection Minister Robyn Cahill said there was “misinformation” about the proposed changes, which she claimed would simply give courts “clear discretion” to prioritise safety and wellbeing.
“We’ve come across at least a half a dozen situations where strict application of the law that relates to Aboriginal children would actually result in devastating harm to not just children, but adults associated with those children,” she said.
“All that is being requested is that, first and foremost, that the best interest of the child must be the consideration, and I’m not going to make an apology for that.
“Nowhere in any of the discussions have we indicated that there shouldn’t be anything other than a preference to place a child in a family situation, and no where have we suggested that connection to culture and connection to country should we overridden.”
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