EXPLAINER: How will the NT's child protection overhaul impact First Nations children?

The Northern Territory Government is seeking to amend child protection legislation to list child safety as the key consideration in decisions to remove children from their families.

The proposed amendments would change how the NT’s child protection system works, and make it easier for Aboriginal children to be placed permanently with non-Indigenous carers.

In the NT, 90 per cent of children in out-of-home care are Aboriginal. Of those, only around 16 per cent are placed with relatives or kin, the lowest rate of kinship placement in Australia.

More than 330 organisations from across the Northern Territory and Australia have condemned the proposed changes and say it will undermine something called the Child Placement Principle.

The Aboriginal and Torres Strait Islander Child Placement Principle was developed in the 1970s to respond to the devastating impacts of child removal policies, including those that led to the Stolen Generations.

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The principle affirms that culture, family, community and Country are fundamental to the safety, wellbeing and identity of Aboriginal and Torres Strait Islander children.

It also recognises that First Nations families, communities and community-controlled organisations are best placed to make decisions about children’s care and protection.

The Child Placement Principle was formally recognised as a guiding principle in the early 1980s and was embedded into child protection laws in all Australian states and territories over the following decade.

Today it is a central feature in national child protection reform agendas and is part of Australia's ten year strategy to address the over-representation of Indigenous children in child protection and out-of-home care.

NT Minister for Child Protection Robyn Cahill rejected concerns the principle will be undermined and said, in addition to a new "universal principal", there are principles that will relate specifically to Aboriginal children.

"We get that the absolute priority should be to keep a child with their family, but we also understand that if that is not a safe environment then we must get the child out of there," Minister Cahill said.

The NT government said the changes are a response to the alleged murder of Kumanjayi Little Baby in Alice Springs last month.

Despite that, Minister Cahill revealed the government has been working on the amendments for more than a year.

47-year-old Jefferson Lewis has been charged with the murder of Kumanjayi Little Baby and two other offences.

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In the week following her death, leaked information from the NT Department of Children and Families revealed that six child protection notifications were made regarding Kumanjayi Little Baby's welfare in the lead up to her disappearance according to reporting from The Australian newspaper.

Days later Minister Cahill announced three child protection workers had been stood down by the Department. Two of those workers were reinstated the next day.

Minister Cahill has announced a review into the conduct of the Department of Children and Families in relation to the case.

That review is set to be led by retired New South Wales police commissioner Karen Webb and long-time NT public servant Greg Shanahan.

But the national peak body for First Nations children has criticised the limited scope of the review.

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SNAICC CEO Catherine Liddle said the Terms of Reference of the inquiry do not allow for an adequate examination of the systemic failures across the NT child protection system.

“Given the overwhelming calls for a genuine inquiry into the system, these narrow Terms of Reference could reasonably be viewed as an attempt to avoid scrutiny... and a government unwilling to undertake the work, reflection, and partnership necessary," Ms Liddle said.

The review is set to take three months, which will come after the proposed legislative changes are expected to pass parliament.

The Northern Territory Children’s Commissioner and the the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People have both called for an immediate halt to proposed legislative reforms before a broader review is undertaken.

“This is not just about the Child Protection system; there are many other systems outside of my legislative remit that are failing vulnerable children and families and must be included within the review,” the NT Children’s Commissioner Shahleena Musk said.

Commissioner Musk said she is willing to lead a broader Inquiry into the NT’s child protection system.

"This is not about one case in isolation, but rather a system in crisis that requires comprehensive systemic investigation and critical oversight," she said.

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National Commissioner Sue-Anne Hunter said without a broader review, the current proposed changes risk further harm.

“Weakening the Child Placement Principles through rushed legislation, without a completed review foundation or genuine engagement with Aboriginal leaders, risks repeating the very harms it was designed to prevent,” National Commissioner Hunter said.

Peak Indigenous groups say they were not consulted over the proposed changes to the child protection system, despite the extreme over-representation of Aboriginal children in care in the NT.

The NT Government has allowed for one week of public submissions to provide feedback on the proposed amendments to the legislation, with the closing date set for 22 May.

“These are major legislative changes with lifelong consequences for Aboriginal children and families," Aboriginal Medical Services Alliance Northern Territory (AMSANT) Chair Rob McPhee said.

“They should not be rushed through Parliament without proper consultation with Aboriginal communities, legal experts and the organisations working with families every day.”

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'They are not alone': Prime Minister Anthony Albanese meets with Kumanjayi Little Baby's family

On May 20 Prime Minister Anthony Albanese met with Kumanjayi Little Baby's family in Alice Springs.

When asked if he was concerned about the proposed changes being rushed through Parliament, Mr Albanese urged the NT Government to "work together" with First Nations people and stakeholders.

"They need to make sure that they work together," he said.

"I would say to the Northern Territory Government that you'll get better outcomes if you have an inclusive approach and you have buy-in to these issues."

North Australian Aboriginal Justice Agency (NAAJA) is among a coalition of eight legal groups calling for the bill to be scrapped.

"We have the politicisation of a tragedy and we have rushed laws that will impact us, most likely for generations to come," NAAJA CEO Ben Grimes said.

NT Independent MP and member for Mulka, Yiŋiya Mark Guyula, has labelled the reforms as an attack on Aboriginal communities.

“If the Government genuinely want to prioritise the safety of our children, then they must withdraw this bill and properly consult with Aboriginal communities,” the Yolŋu man said.

“We also want to see improvements to the child protection system because we know that it is failing.... we want to work together."

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NT Shadow Child Protection Minister, Chansey Paech, argued the proposed changes risk demonising Aboriginal families and communities while ignoring core issues.

"The problem is not the Act or the Child Placement Principle," the Arrernte, Arabana, and Gurindji man said.

"The problem is a child protection system that is under-resourced, overstretched, and failing too many children, carers and families across the Territory.