One of Australia's largest Indigenous legal organisations has warned recent changes to the Northern Territory's Youth Justice Act will lead to more Aboriginal children being jailed without addressing crime.
The North Australian Aboriginal Justice Agency (NAAJA) described the reforms as "deliberately punitive", reflecting a broader pattern of law-and-order policies introduced by the CLP government over the past year. The changes broadly contradict the recommendations of multiple Royal Commissions as well as the Northern Territory's commitment to Closing the Gap.
The amendments, passed last week, have drawn condemnation from a wide range of voices, including National Children's Commissioner Anne Hollonds, Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss, and several human rights and legal advocacy groups.
Productivity Commissioner Selwyn Button said the policy shift was already having a measurable impact.
"We certainly can see the direct correlation between the legislative changes in the Northern Territory to the direct outcomes in terms of increasing numbers of incarceration rates … the Northern Territory can't actually arrest its way out of an issue," Mr Button said.
In a statement, NAAJA echoed these concerns.
"The changes to the Youth Justice Act and other legislative changes since September 2024 are deliberately punitive and will just see more Aboriginal people locked up and not address crime rates," a spokesperson said.
They added that, like other "key Aboriginal stakeholders," NAAJA was not consulted before the laws were introduced to Parliament.
"NAAJA is joining calls for the Commonwealth Government to address the concerning approach to law and order in the Northern Territory, often underpinned by Commonwealth funding," the spokesperson said.
Last week, Minister for Indigenous Australians Malarndirri McCarthy flagged that the Commonwealth may consider using its financial leverage to pressure the NT Government to reconsider its youth justice approach. The federal government currently provides nearly 80 per cent of the Territory's funding.
Speaking to Sky News, Senator McCarthy said Canberra would not ignore the consequences of the Territory's hardline stance.
"The balance of incarceration is far outweighing efforts to keep the community safe," she said.
"In Alice Springs, nearly half the prison population is on remand, many of them children who haven't even had a chance to face court. That is a human rights issue we cannot ignore."
Concerns have grown following reports of overcrowding and unsafe conditions in NT detention facilities, including an incident where more than 20 women were crowded into a cell and forced to drink from a toilet in Alice Springs. An 11-year-old child was also held in an adult facility in Palmerston.
Independent Member for Mulka, Yiŋiya Guyula, last week introduced a censure motion against the NT government, accusing it of ignoring Aboriginal leadership and voices.
He criticised the government for their "gross neglect to consult and work with Aboriginal leaders, communities and organisations to create solutions to current problems of crime and disadvantage, and their implementation of laws and policies that significantly increase the incarceration of Aboriginal people in inadequate and dangerous conditions without any focus on addressing underlying issues, rehabilitation, or pathways for community healing".
NAAJA said it holds "increasing concerns about record incarceration rates that are having no impact on crime, as well as across the board concerns about watch houses being used as long term prisons, including from the NT Police Association".
The organisation reiterated its call for all levels of government to engage directly with Aboriginal leaders to address the root causes of crime.
"NAAJA is calling on all levels of government to discuss with Aboriginal leaders alternative ways of addressing crime and improving community safety, including addressing root causes such as increasing levels of poverty and disadvantage in Aboriginal communities," the spokesperson said.
