Former NT Chief Justice Brian Martin to head Royal Commission

THE NT Royal Commission will stretch back to 2005 and look into issues including the treatment of children in detention and if the NT Government took appropriate measures regarding the safety of children

THE Royal Commission investigating youth justice in the Northern Territory will stretch back to 2005 and will look into a number of different issues including failings of the child protection system, the treatment of children in detention — including at Don Dale — and whether the NT Government took appropriate measures regarding the safety of children.

Prime Minister Malcolm Turnbull announced the terms of reference for the inquiry Thursday afternoon and said it will begin September 6.

It will be headed up by former Northern Territory Chief Justice Brian Martin.

Mr Martin is well known in the Territory for having presided over the Peter Falconio murder case, among many others.

According to the terms of reference, the inquiry will look at what oversights were in place in the youth detention system, whether any laws were broken and whether there were “deficiencies in the organisational culture, structure and management of NT youth detention facilities”.

The inquiry was called by Prime Minister Malcolm Turnbull after video showed a series of abuses at Don Dale where boys were tear-gassed while in their cells, stripped naked and held in solitary confinement for days.

Mr Martin admitted he may have sentenced juvenile offenders to Don Dale over the years, but said he does not feel that presented a conflict of interest.

“I can’t see how that would arise,” he said. “I see the advanatages of the knowledge of the Territory.”

Attorney-General George Brandis said he worked on the terms of reference with Chief Minister Adam Giles, arriving at an agreement Wednesday night.

“They are the joint work of the Commonwealth and the Northern Terrtiory,” he said.

Mr Turnbull said the terms of reference are “highly focused” but would provide an opportunity for Mr Martin to look into other areas.

The inquiry will also examine how the NT Government responded to a review of the youth detention system in January 2015 as well as how it responded to the Childrens’ Commissioner’s report of August 2015 into the “riot” at Don Dale that was later proven to be one youth getting out of his unlocked cell.

The terms of reference were released on the same day Chief Minister Adam Giles and his former corrections minister and Attorney General have gone to ground, not replying to questions from media.

Pressure continues to mount on Mr Giles to sack Mr Elferink outright from all portfolios and to resign himself.

His former tourism minister told ABC radio in Darwin Thursday that he had “not heard once the Chief Minister offer an apology or admit responsibility for what’s taken place from 2012, at least, and I think once I heard Julia Gillard and Kevin Rudd being blamed for this it became very clear that we as a Government had lost all perspective with the issue. It just sounded very desperate.”

The Royal Commission will go back to 2005, the year former Labor chief minister Clare Martin won the second largest majority Government in Territory’s history.

Labor leader Michael Gunner welcomed the commission and said in a letter to the Prime Minister on Wednesday that his party would co-operate “in order to achieve substantial change in the youth justice system in the Northern Territory”.

A final report is expected by March 2017, but Mr Martin said he may need more time.

Mr Turnbull said again Thursday that the inquiry will be limited to the Territory, insisting royal commissions are most effective when they focus on specific areas.

He said he was hopeful there will be a directions hearing next month, followed by hearings in September, October and November and a report to government in early 2017.