Condemnation of the Northern Territory government's decision to significantly alter a principle designed to ensure Aboriginal children removed from their families remain connected to culture has continued, as the government faces accusations of sidelining Indigenous voices.
In a policy change canvassed for more than a year, the CLP Government last week announced the Care and Protection of Children Act will be amended, claiming a new Universal Principle will "for the first time" list the safety of the child "as the primary consideration, placing the best interests of every child first, regardless of background".
The act, in its current form, does not disregard the rights of children based on race. Rather, the legislation states its primary objective is to "promote the wellbeing of children, including: to protect children from harm and exploitation..."
It further notes: "When a decision involving a child is made, the best interests of the child are the paramount concern."
The key changes will affect the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP), which is designed to ensure children removed by the government retain connections to family, community and culture.
NT Child Protection Minister Robyn Cahill said the amendments would provide more "consistent support and better outcomes for both children and their families".
"Every child matters regardless of where they come from, their race or religion, I am not prepared to turn a blind eye and abandon another generation of families and children," she said.
In response to the proposed legislative changes, the Australian Human Rights Commission said any weakening of the principle would only make it easier to separate First Nations children from their families.
Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss said the Finocchiaro government is making a "serious mistake if it believes weakening the Child Placement Principle will keep our children safe".
"The principle exists because generations of our children have already paid the price of being removed from family, culture and community," she said.
"Weakening that safeguard is a backward step that risks entrenching harm, deepening distrust and repeating the very injustices governments say they want to end."
Professor Paul Gray from the Aboriginal and Torres Strait Islander Leadership Group — a body established to work with all governments on Safe and Supported: the National Framework for Protecting Australia's Children 2021-2031 — rejected claims the principle violates the safety of First Nations children.
"There is no aspect of the Child Placement Principle that accepts unsafe circumstances for any child, or prevents child protection authorities from taking action to ensure children are safe," Professor Gray said.
Data shows only 17 per cent of Indigenous children aged 0-17 in out-of-home care in the NT were placed with an Aboriginal and Torres Strait Islander relative or kin — the lowest rate in the country.
"This data suggests that the NT is already ignoring the Child Placement Principle and failing to adequately keep our children safe," Professor Gray argued. "This is exactly why the Child Placement Principle is needed, with strengthened processes to improve compliance and accountability."
The reforms have been accelerated following the death of five-year-old Kumanjayi Little Baby last month, despite calls from the family not to politicise her death.
Forty-seven-year-old Jefferson Lewis — who is not related to Kumanjayi Little Baby and had no role in her care — has been charged with her alleged murder, along with two other offences. Earlier this month, Ms Cahill said three child protection workers had been stood down over circumstances leading up to her abduction and death.
It has also been reported that six notifications regarding Kumanjayi Little Baby's welfare were made to the NT child protection department in the six weeks before her disappearance, although there is no evidence any of those notifications were substantiated.
Two of the workers were reportedly reinstated the following day.
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Commissioner Kiss said the tragedy of Kumanjayi Little Baby's death should not be compounded by the erosion of children's rights in the NT.
She noted the proposed changes violate a number of international obligations Australia is signatory to, including the United Nations Declaration on the Rights of Indigenous Peoples.
"If the Northern Territory government is serious about child safety, it should invest in First Peoples-led solutions, family support and culturally safe care," she said.
The Leadership Group urged the CLP government to reverse course.
"The changes that need to be made to keep our children safe are too important to be progressed without our expertise and oversight," Professor Gray said.
"Those days should be long past. We stand ready to work in partnership to ensure all children live and thrive in safe homes and communities."
