The Northern Territory's Children's Commissioner has resigned in a bombshell announcement, citing concerns about the Territory Government's approach to governance, transparency and child protection reform.
Shahleena Musk — a Larrakia woman and former crown prosecutor — has been outspoken in her criticism of multiple Northern Territory governments' policies on child protection and youth incarceration, citing the impact policies have on some of the most vulnerable children in the country.
On Thursday afternoon, she said the decision to resign had not been made lightly. Instead, she argued that it reflected a growing concern about the "current environment for independent oversight, evidence-based policy development and transparent decision-making in the Northern Territory".
"In particular, I have been unable to support the Northern Territory Government's approach to substantial and wide-reaching changes to child protection laws," she said.
"In my view, reforms of this significance must be grounded in evidence, informed by those with frontline experience, and developed through genuine consultation with experts, independent institutions and frontline organisations established to protect children and promote accountability.
"I have been concerned by the effective sidelining of myself as the Children's Commissioner in the development of these reforms. In taking on this role I swore an oath to fulfil the mandate, including all functions and responsibilities set out in the Children's Commissioner Act 2013.
"My role exists to provide independent advice, scrutiny and advocacy on behalf of vulnerable children and young people. Excluding or diminishing that role weakens the safeguards that Territorians rightly expect within our child protection system."
This week, a Northern Territory parliamentary committee recommended passing the controversial Country Liberal Party (CLP) government's proposed child protection legislation despite widespread opposition from experts.
Despite her legislative responsibility, Ms Musk submitted to the inquiry that at no stage before the bill was tabled "did the Minister, or Government seek to engage, consult with, or obtain advice from myself, Aboriginal leaders or any other key stakeholders who have decades of expertise on the issues at hand".
In emotional evidence to the inquiry — which the committee ultimately disregarded — she highlighted the impact the legislation would have on Indigenous children in care who lose touch with their families, none of whom were consulted on the bill.
"They all spoke about not knowing who they are, not being able to speak their language, being ashamed because they weren't able to perform their ceremony because they were disconnected from family," she said.
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The CLP Government has enacted a series of policies since coming to power that have outraged Indigenous, human rights and legal groups, with critics accusing it of flagrant breaches of the Closing the Gap Agreement.
While the federal government has threatened to take action to hold the CLP Government to account, little of substance has followed.
The latest child protection reforms prompted 120 of the 150 submissions to call for the legislation to either be scrapped or substantially amended. Despite that, the CLP-led committee recommended the bill be passed, prompting SNAICC chief executive Catherine Liddle to argue the inquiry had become little more than a political box-ticking exercise.
The CLP Government has also routinely disregarded the advice of experts, with Chief Minister Lia Finocchiaro last year telling 45 paediatricians they "wasted their time" after they wrote to her, warning the government's plan to reintroduce spit hoods in youth detention risked child asphyxiation.
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In her statement, Ms Musk warned of what she described as a declining commitment to transparency, accountability and evidence-based decision-making in the Northern Territory, saying it risked undermining public confidence in government institutions.
"Public confidence in our institutions depends on openness, meaningful consultation and a willingness to test policy proposals against available evidence," she said. "Where these principles are diminished, the quality of decision-making and public trust are inevitably affected."
Ms Musk argued independent offices were essential to good governance and protecting vulnerable people, rather than acting as obstacles to reform.
"Undermining these institutions risks weakening the checks and balances that underpin democratic government," she said.
"I remain hopeful that future discussions about child protection reform will place children and young people at their centre, draw upon the best available evidence, and fully engage with the independent bodies established to contribute to better outcomes."
Despite stepping down, Ms Musk said she remained committed to advocating for children's rights.
"I will continue to advocate for systems that are transparent, accountable and guided by evidence, and for institutions that are strong enough to ensure governments of all persuasions remain focused on the best interests of children," she said.
"I want to acknowledge the dedicated staff of the Office of the Children's Commissioner, whose professionalism and commitment to children across the Territory has been unwavering.
"I also thank the many children and young people, families, community leaders, service providers and advocates who have shared their experiences and worked tirelessly to improve the lives of vulnerable children in the Territory."
