New data from the Australian Institute for Health and Welfare (AIHW) has revealed Most Indigenous children removed from their home in the Northern Territory are not placed with an Aboriginal family or community.
The AIHW data indicates more than 70 per cent of Indigenous children placed in out-of-home care (OOHC) in the NT in 2022-23 were not placed with an Indigenous family member or person, a non-Indigenous family member, or kin—the lowest in the country.
As such, they were not placed in accordance with the Aboriginal and Torres Strait Islander Placement Principle (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; less than 25 per cent are placed with family members.
SNAICC – National Voice for our Children chief executive, Catherine Liddle, said children had the best chance of growing up stronger and connected to culture when the Principle was applied.
"We know when children are able to maintain connections they have better outcomes, interrupting the trajectory between child protection and juvenile justice systems," Ms Liddle said.
Whilst the numbers of Aboriginal removals in states such as Victoria remain "shockingly" high, the rate of reunification with families is increased by the number of children in OOHC being placed with an Indigenous or non-Indigenous relative or kin.
All jurisdictions have a legislated commitment to ensure all Indigenous children in OOHC have the right to maintain a connection to culture when they are removed.
However in the NT, a proposed amendment to a law last month, making it easier to remove Aboriginal children from their communities, has sparked criticism, with experts arguing it will "impact the basic rights of Aboriginal children".
The proposed law change would give courts and the Department of Children and Families the power to override national guidelines as part of the Principle, proposing a "special and exceptional circumstance" provision.
It would allow a court the "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.
It prompted NT Child Commissioner, Shahleena Musk, to argue that any future reforms to the Principle should only be done to "strengthen the elements and improve implementation in practice".
"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," she said.
In response, 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.
Ms Liddle said the already "shockingly low commitment" from the new CLP government in the NT to uphold the Principle is being further undermined by the new proposal.
"By watering down the Principle, the NT Government is disregarding an evidence-based framework designed by Aboriginal and Torres Strait Islander communities and endorsed by governments across Australia," Ms Liddle said.
"The worst thing governments can do is ignore the evidence and dismantle the policies that are contributing to Closing the Gap."
