Controversial NT child protection laws to be debated, after weeks of criticism

Controversial changes to be debated

The Northern Territory Parliament is set to debate controversial child protection changes today, following months of criticism. The legislation, first floated early last year, was introduced to parliament this year amid increased scrutiny of the NT's child protection system after the death of five-year-old Kumanjayi Little Baby in Alice Springs in April.

The changes have won support from the organisation representing NT foster carers and the NT Police Association, but a swathe of Aboriginal, health, legal and human rights groups have strongly opposed them.

The Country Liberal Party (CLP) government has said the bill will introduce a "universal principle" to ensure decisions are made in "the best interests of every child", "regardless of background". However, critics say the bill will weaken the Aboriginal Child Placement Principle and lead to more child removals.

The Aboriginal Child Placement Principle underpins the NT's current child protection legislation, acknowledging connection to country, culture and community as fundamental for the safety, wellbeing and identity of Indigenous children. The government has said the amendments will "absolutely not" remove the principle, despite a number of Aboriginal peak bodies saying the NT government's proposal dilutes it.

Coverage comparison

Reporting on the issue has highlighted the deep divisions surrounding the reforms. While the government and its backers frame the changes as putting children's safety first, opponents argue the bill undermines established safeguards for Aboriginal children.

The CLP government backbencher Clinton Howe, a member of the NT Legislative Scrutiny Committee, has defended the reforms, claiming opponents are putting the pride of adults before the safety of children. Howe, a former residential care youth worker, spoke of the "moral bankruptcy" of some organisations opposed to the bill during a public hearing, a statement he stood by in an interview with the ABC. "It is my belief — and following those two days of hearings — that the child has been lost from the centre of some of this debate," he said.

In contrast, Aboriginal groups have renewed calls for the Commonwealth to overhaul its funding arrangements with the NT government, accusing the CLP of "weaponising" federal Indigenous disadvantage funding against Aboriginal Territorians. This comes amid a furore over the government's handling of the child protection law changes and ahead of a Closing the Gap update expected to show the Territory's data continuing to worsen. The government's refusal to pause the bill sparked the resignation of the NT children's commissioner, Larrakia woman Shahleena Musk, earlier this month. Late last week, Aboriginal health executive Rob McPhee announced he would step down as co-chair of the NT Children and Families Tripartite Forum, saying it had become "increasingly evident [the Finocchiaro government] is not committed to genuine partnership."

Key claims

The key claims in the debate include:

• The legislation was first floated early last year and has been met with months of criticism before its debate in parliament.
• The reforms have won support from the organisation representing NT foster carers and the NT Police Association.
• Aboriginal, health, legal and human rights groups have strongly opposed the changes.
• The bill introduces a "universal principle" to ensure decisions are made in the best interests of every child, "regardless of background".
• Critics say the bill will weaken the Aboriginal Child Placement Principle and lead to more child removals.
• The government has said the amendments will "absolutely not" remove the principle.
• The bill introduces a two-year limit on short-term protection orders.
• CLP government backbencher Clinton Howe claims opponents are putting the pride of adults before the safety of children.
• Aboriginal groups have renewed calls for the Commonwealth to overhaul funding arrangements with the NT government.
• The NT government has been accused of "weaponising" federal Indigenous disadvantage funding.
• The NT Children's Commissioner, Shahleena Musk, resigned from her role over what she called her "effective sidelining" on the law changes.
• Aboriginal health executive Rob McPhee announced he would step down as co-chair of the NT Children and Families Tripartite Forum.

Perspectives

Government and supporters

The CLP government and its backers argue the reforms are necessary to prioritize child safety. Backbencher Clinton Howe claims opponents are "putting the pride of adults before the safety of children," and that the bill's universal principle ensures decisions are made in the best interests of every child, "regardless of background." The government maintains the amendments will "absolutely not" remove the Aboriginal Child Placement Principle.

Opponents and critics

Aboriginal, health, legal and human rights groups strongly oppose the changes, arguing the bill will weaken the Aboriginal Child Placement Principle and lead to more child removals. They accuse the government of "weaponising" federal Indigenous disadvantage funding and of not being committed to genuine partnership, as highlighted by the resignations of the NT Children's Commissioner Shahleena Musk and Rob McPhee from the tripartite forum.