Proposed changes in the Northern Territory making it easier to remove Aboriginal children from their communities has been labelled "unwarranted" and lacking in evidence.
On Monday, it was revealed the NT government is planning to amend child protection laws to give courts and the Department of Children and Families the power to override national guidelines as part of the Aboriginal Child Placement Principle.
The Principle ensures protection for Indigenous children in care. This includes placing them with other family or kin and close to Country.
However, the draft changes to the Care and Protection of Children Act 2007 (NT) (CaPCA) proposes a "special and exceptional circumstance" provision.
Last week, draft documents shared with the child protection sector by the Department said the provision would ensure "a court has discretion to not uphold the principle in special/exceptional circumstances …" if it is believed by doing so the child's safety would be adversely impacted.
Arguing the principle was underpinned by 30 years of evidence - including the importance of a child's connection to their family, community, culture, and country - the NT's Office of the Children's Commissioner (OCC) said the proposed amendments "negate the application" of the Principle and were "unwarranted and lack an evidence base".
"Any future reforms to the Child Placement Principle should strengthen the elements and improve implementation in practice particularly to the level of 'active efforts,'" Child Commissioner, Shahleena Musk, said.
"It is the birthright of Aboriginal children to be connected to their family, country, community, language and culture as enshrined by the Child Placement Principle."
Despite seeking evidence about the driving factors supporting the legislative amendments, as no evidence base or justification for doing so is apparent, none has been forthcoming.
Commissioner Musk said she was alarmed at the lack of consultation, as well "deeply disappointed' with the short timeframe for providing advice on the proposed reforms, which will "impact the basic rights of Aboriginal children".
Despite the new CLP government committing to greater "transparency, accountability and good practice in parliamentary procedure," the current process fails to meet those criteria, the Commissioner said.
"It is vital that any legal or policy reform that will impact the rights and interests of vulnerable children are done so through proper process, meaningful consultation, and public scrutiny," Commissioner Musk said.
"It is unacceptable that another suite of reforms that relate to vulnerable children, particularly those who are Aboriginal and Torres Strait Islander, are being undertaken at haste and without meaningful consultation. This is a continued example of discriminatory reform targeting vulnerable Aboriginal children."
In 2022-23, only 23.8 per cent of Aboriginal children were placed with Aboriginal relative or kin, meaning 76.2 per were not placed in accordance with the Principle.
The OCC said the proposed amendments would only provide an additional lever to further reduce the non-compliance with it.
In a statement, the Department of Children and Families said the safety and wellbeing of children was the priority.
"We are committed to working with children, families and Aboriginal communities to ensure culturally appropriate responses to safety concerns for children in the Northern Territory," the spokeswoman said.
"There are no plans to remove the Aboriginal Child Placement Principle in Care and Protection of Children Act 2007."
Nonetheless, NT Attorney-General Marie-Clare Boothby said her government would no longer accept the "status quo" when it came to community safety.
"We will do things differently under this government and we won't apologise for that," she told reporters.
Opposition Leader Selena Uibo said the government was "prioritising political point-scoring" and argued that "alarmingly," some of the proposed changes 'targeted" Indigenous children and families.
"The CLP must explain why they are creating laws that single out one segment of our community," Ms Uibo said.
The OCC called for the NT government to commit to spending the promised $180 million in funding for domestic and family violence sector, noting domestic and family violence needs to be recognised as a central factor that sees child protection involvement, as well as ensuring the sector has the capacity to deliver on its responsibilities, with only 60 per cent of child protection practitioner positions across the NT currently filled.
- with AAP
13YARN 13 92 76
Lifeline 13 11 14
