The Northern Territory government is failing to acknowledge the "unique characteristics" of young people in contact with the justice system, the NT Children's Commissioner has said.
Earlier this week, the new Country Liberal government announced an increase in prison capacity across the NT to 3000 beds by 2028, with data showing the territory currently houses 2324 inmates, with only 2177 beds across the prisons and work camps.
Corrective Services data from the June Quarter showed an average daily imprisonment rate in the NT of 1,150.8 per 100,000 people—3.4 times higher than the next highest jurisdiction, WA.
Controversially, part of the proposed plan will see a transition from the recently refurbished Alice Springs Youth Detention Centre to a facility in Darwin, resulting in children being housed 1500 km away from their family and culture.
The Northern Territory children's commissioner, Shahleena Musk, said she was "deeply concerned" by the announcement.
"Whilst they may have been deprived of their liberty, these children still have the right to be connected to their culture, their loved ones and their community," Commissioner Musk, a Larrakia woman and former crown prosecutor, said.
"Transferring Aboriginal children thousands of kilometres away from their families and their country is detrimental to their wellbeing, their sense of identity and may impair rehabilitation prospects."
She said it was another example of the government failing to acknowledge the "unique characteristics and experiences of children and young people in contact with the youth justice system" as well as adequately and properly meeting their health, mental health, trauma, and disability needs.
"We are talking about children who require the care and connection of their family and loved ones, culture and supports to rehabilitate and return home" Commissioner Musk said.
A report by the Commissioner's office earlier this month found every child under 14 in youth custody in the NT had an interaction with Child Protection, with 94 per cent having been exposed to domestic and/or family violence.
Aboriginal and Torres Strait Islander young people aged 14-17 are incarcerated at a higher rate in the NT than anywhere else in the country.
Commissioner Musk's comments come as her office released part one of an inquiry into the Planning and Implementation of the Alice Springs Youth Detention Centre (ASYDC) Reduced Capacity Plan.
It found in the months before Central Australian children were transferred from the ASYDC to Don Dale Youth Detention Centre in 2023, multiple service providers and stakeholders raised concerns regarding the "lack of consultations to inform the planning for the reduced capacity period" as well as the arrangements at both centres in preparation for the transfer.
The transfer came after the 2017 Royal Commission found neither of the youth detention centres in Darwin or Alice Springs were fit for accommodating or rehabilitating young people.
Commissioner Musk said various operation plans were developed in isolation from the sector and excluded the views and concerns of Aboriginal Community Controlled Organisations and legal providers.
Despite being aware of the high levels of vulnerability in the cohort of children detained in Alice Springs and magnitude of issues raised by key stakeholders over several preceding months; TFHC [Department of Territory Families, Housing and Communities] proceeded with bulk transfers of young people to the Darwin based facility" she said.
The Office of the Child Commissioner said with the decision by the NT government to transfer Central Australian children to the new youth justice facility in Darwin, the findings of part one of the inquiry are a timely reminder of the need for genuine consultation in any decision regarding the movement of vulnerable children.
Part two of the inquiry will be completed in early 2025.
