Commission warns NT reforms will harm Aboriginal children
The National Commission for Aboriginal and Torres Strait Islander Children and Young People has warned proposed NT child protection reforms will harm Aboriginal children, urging a pause and evidence-based, community-led approaches.
In a statement the National Commission has raised “serious concerns” about the Care and Protection of Aboriginal Children Amendment (Every Child Matters 2026) Bill 2026, tabled in the Northern Territory Legislative Assembly this week.
The Commission contends that, if enacted, the Every Child Matters 2026 Bill will continue to negatively affect the care and safety of Aboriginal and Torres Strait Islander children and young people.
Key Points
- National Commission raises concerns about NT Every Child Matters 2026 Bill
- Commissioner says reforms will increase removals and systemic harm
- Proposed changes restructure the Child Placement Principle
- Bill reduces reunification obligations and expands coercive powers
- Commission says alignment with UN and Closing the Gap lacking
- Calls for investment in housing and Aboriginal-led supports
The National Commission expressed particular concern that the death of an Aboriginal child is being used to justify sweeping legislative changes, arguing that the proposals extend far beyond the circumstances of a single case. According to the Commission, the reforms will fundamentally reshape the Territory’s child protection system in ways that risk compounding harm for Aboriginal children and families.
“What was announced this week can only be described as devastating for the future of our children in the Northern Territory. If passed, it will result in more children being removed, more children subject to harm and more children unsafe from the systems put in place to protect them,” Sue-Anne Hunter, the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People, said.
Reshape the Northern Territory child protection system
“The proposed changes weaken the long-standing protections designed to ensure Aboriginal children remain connected to their families, community, culture and Country.
“The Every Child Matters 2026 Bill restructures the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) despite decades of evidence that Aboriginal children have better long-term outcomes because of it.”
“The Bill reduces obligations to actively pursue reunification and expands coercive and punitive powers over families, while structural issues remain unaddressed.
“The Northern Territory already holds the highest rate of overrepresentation of Aboriginal people in out-of-home care in the country. These reforms do nothing to reduce this overrepresentation.”
The proposed changes extend far beyond the circumstances of one case and will fundamentally reshape the Northern Territory child protection system, causing further harm to Aboriginal children and families.
“I am deeply concerned these changes are being rushed through parliament under the guise of a response to the tragic and devastating death of a child. Let me be clear, legislation like this cannot be drafted and developed overnight, ” added National Commissioner Hunter.
“This death cannot justify the sweeping reforms that, if passed, would have only resulted in the same outcome. It’s misleading for the NT Government to state that these reforms are in response to or would have prevented recent events, particularly when no review has occurred.”
‘Fail to align with the National Agreement on Closing the Gap’
The Commission maintains that Aboriginal and Torres Strait Islander children have better long-term outcomes when policies and practices support connection to family, community, culture and Country. It argues the reforms undermine those protections and expand punitive measures without addressing the structural issues that place children at risk.
The Commission has confirmed the proposed changes will accelerate permanency pathways without corresponding investment in housing, community-led early intervention and therapeutic support, failing to manage the systemic issues that place children at risk.
“These changes fail to align with the National Agreement on Closing the Gap and Australia’s obligations under the United Nations Convention on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous Peoples. The rights of the child are being completely ignored here.”
The National Commission has called on governments to invest in:
- Safe and secure housing delivered through Aboriginal community-controlled organisations
- Direct long-term funding for Aboriginal community-controlled organisations to lead family support and healing programs before crisis, and the removal of children
- Full legislation of all five elements of the Aboriginal and Torres Strait Islander Child Placement Principle, with enforceable active effort obligations across all states and territories
The National Commission has urged the NT Government to pause all legislative amendments that risk causing further generational harm to First Nations children and instead focus on evidence-based reforms in consultation with Aboriginal people that strengthen families and protect children.
