A proposed amendment to a law in the Northern Territory making it easier to remove Aboriginal children from their communities continues to be criticised, with the country's largest Indigenous legal organisation arguing the government is "playing politics with our children".
Enacting a policy of keeping Territorians "safe," the Country Liberal Party's (CLP) election has seen a significant increase in incarceration numbers, the NT's new government also lowering the age of criminal responsibility to 10 - against the majority of expert evidence.
On Monday, it was revealed draft plans 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 had been circulated.
The draft amendments to the Care and Protection of Children Act 2007 (NT) (CaPCA) proposes a "special and exceptional circumstance" provision to the Principle, which ensures protection for Indigenous children in care, including by placing them with other family or kin and close to Country.
Approximately 90 per cent of children in out-of-home care (OOHC) in the NT are Aboriginal, with the latest data revealing 23.8 per cent are placed with family members.
The North Australian Aboriginal Justice Agency (NAAJA) is the latest Indigenous organisation to condemn the legislation proposal, which saw no feedback opportunities from Territory children, families, or organisations working in the child protection sector.
"Our communities have survived the stolen generations. We have sat through the Don Dale Royal Commission. We have seen the tragic deaths of our children in the care of the Department of Communities and Families," NAAJA chairperson Theresa Roe said.
"Now the government is trying to weaken the system set up in consultation with the Aboriginal sector to protect our children. We are calling on the government to listen to us."
It mirrors comments by Child Commissioner Shahleena Musk on Monday, who argued: "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."
The government has resisted calls to move away from their policies, regularly arguing their electoral mandate compels them to make decisions, even at the behest of marginalised groups of people.
"We will do things differently under this government and we won't apologise for that," NT Attorney-General Marie-Clare Boothby told reporters, arguing her government would no longer accept the "status quo" concerning community safety.
"We want to see that all legislation we consider is putting Territorians' rights above the rights of offenders … if there are laws that need to be changed, then they will be changed."
A NAAJA spokesperson said the amendments would "discriminate against Aboriginal children, families, and communities," and said it was impossible to provide expert feedback "where the text of the proposed amendment has not been released".
Criticism of children in child protection in the NT has been an ongoing concern, with a lack of funding surrounding domestic violence, despite the election promise from the CLP, continuing to be criticised
An inquest in 2021 into the death of a nine-year-old Warlpiri girl by suicide while in the care of the Department of Communities and Families found the department failed to comply with the CaPCA, not considering or assessing other family members who had requested to care for the child.
An inquest last year into the death of an infant identified failings by the department to provide care for the baby, recommending the CaPCA be reformed to include a provision by department officials known as "active efforts".
Ms Roe called on the NT government to halt the amendments until more consultation had taken place, arguing if the reforms were indeed "genuine," they should be done the "right way".
"If we are given the chance to meet with the responsible minister and share our experiences with her, then we would welcome the opportunity to discuss ways to improve the system," she said.
