As the number of children in detention in the Northern Territory continues to rise, medical and legal experts are calling on the government to halt the transfer of Aboriginal children from facilities in Alice Springs to Darwin.
The Aboriginal Medical Services Alliance NT (AMSANT) says community-based, culturally safe alternatives should be prioritised.
AMSANT says that permanently relocating young people 1,500 kilometers away from their communities, providing family support and essential health and cultural services risks unnecessarily and long-term harm to their well-being – without addressing the underlying issues of community safety and the need for better to tackle legal reactions.
But it seems unlikely the Country Liberal Party government will back away from its tough stance on children, after Corrections Minister Gerard Maley said in a statement that the previous Labor government had “focused too heavily on the therapeutic model” and that it was time to “ensure perpetrators know there is a consequence for their actions.”
Since her election in late August, the CLP, led by Prime Minister Lia Finocchiaro, has made lowering the age of criminal responsibility to 10 years one of its first orders of business – against expert advice from medical, legal, psychological and human rights groups.
The United Nations recommends that the minimum age of criminal responsibility is 14 years, and that this be specifically stated in 2019 recommending that the federal government legislate to bring the country into compliance with its obligations under the Convention on the Rights of the Child.
The CLP government pushed changes to bail and gun laws through parliament in October, expanding police powers to search and seize weapons from anyone over the age of ten and giving all violent offenders a presumption they are not allowed to be released on bail.
AMSANT CEO Dr. John Paterson said there is evidence that removing young people from their families, countries and cultures has a negative impact on their health and wellbeing, and increases the risks of mental health problems, future recidivism and further marginalization and stigmatization in the community.
“Moving our young people from facility to facility is not the solution – and will instead only cause more damage,” he said.
“Our young people do not belong in detention and are not concerned about being sent away.
“We need to keep young people connected to their communities and we need to see real investment in community-led actions and programmes, and culturally safe solutions, that really work to tackle underlying issues and support young people's futures.”
Blak children overrepresented in detention
has not updated statistics on children in detention for almost three months.
But for July and August, the latest available figures show, Aboriginal youth made up between 98 and 100 per cent of children in detention, despite making up less than 50 per cent of the population in the NT.
Youth held in detention have often not been convicted, but have been remanded in custody pending a hearing – less than 25 percent of which result in a custodial sentence.
“Whether you look at health, crime or any other area where there is a gap between outcomes for First Nations people and the rest of the community, the drivers are the same,” Dr Paterson said.
“Placing our young people in institutional settings entrenches disadvantage, increases the impact of intergenerational trauma and harm, and perpetuates cycles that have been shown to make future crimes more likely, to the detriment of our young people's well-being and well-being of our communities.”
For decades, numerous inquiries, including the NT Royal Commission into the Protection and Detention of Children, have recommended that governments across the country replace punitive youth detention facilities with safe, rehabilitative and community-based options and raise the age of criminal responsibility.
“Keeping young people close to family and culturally safe support networks is crucial for their long-term wellbeing and positive future outcomes,” said Dr Paterson.
“Many young people detained in these settings have complex health needs, including mental health conditions, neurodevelopmental disorders and substance dependence, which cannot be adequately managed in a centralized detention environment.
“Transfers disrupt the ability of services to continue to provide culturally appropriate continuity of care – increasing the likelihood of negative health outcomes.”
Last week, the North Australian Aboriginal Justice Agency (NAAJA) also called on the NT government to do more to keep Aboriginal children out of prisons and guardhouses.
And respected Larrakia elder Dr Richard Fejo quit his role as chairman of the Darwin Waterfront in disgust at the government's rush to criminalize children as young as ten.
NAAJA said in a statement that 10-year-old children do not belong in prison.
Seven years ago, the Don Dale Royal Commission reported that the NT's youth detention centers were not fit for purpose to accommodate, let alone rehabilitate, children and young people, and that poor conditions created the potential for harm.
“The NT youth justice and corrections system is already at breaking point and the changes in the law … will only put more pressure on the system and leave children at risk,” NAAJA said.
NAAJA said its young clients who are not released on bail pending an outcome of their case are held in custody for an average of 137 days (197 days for children under 14) and only 23 percent are ultimately sentenced to prison. .
Since 2021, four NAAJA clients under the age of 14 have spent more than 250 days in pretrial detention before charges against them were dropped or dismissed.
“At the heart of the problem is persistent poverty, disadvantage, trauma and homelessness in Aboriginal communities, as well as embedded institutional racism and a 'tough on crime' approach by authorities,” they said.
“The new legislation … does nothing to address these underlying issues and is targeting Aboriginal people.”
Natalie Hunter, a founding member of NAAJA and a senior woman from Nygina and Jabba Jabba, said children do not belong in prison, but in Country with their families.
“Some of our children are being taken away from family, community and culture…,” she said.
“Stop taking our children away.
Our children need health and support, loving care and should not be treated with torture and abuse.
NAAJA says there has been no public consultation or committee consideration regarding the tough new laws, which it says were rushed into law without considering the consequences, including overcrowding of detention centres.
“There should have been a collaborative approach between the government and Aboriginal organizations before legislation was introduced to improve outcomes around youth incarceration,” the legal service said.
“The lack of information about the legislation and the speed at which it is being passed has caused confusion about the law and is likely to lead to unwarranted and unnecessary interactions with police and the justice system.”
AMSANT, NAAJA and other advocacy groups are calling for smarter, health-oriented solutions that divert youth from detention and support their long-term rehabilitation. They say policies should prioritize the physical, emotional and social health of young people, rather than focusing on punitive detention practices.
“We must push for fundamental changes in the way we deliver justice in the region,” Dr. Paterson said.
“This means more investment and a greater commitment to local, health-led and culturally safe solutions that truly support young people.”
Last week, all children in detention in Darwin were transferred from the infamous Don Dale facility to the new Holtze Youth Detention Centre.
During the first week of operation, six children aged 13 to 17 damaged seven bedrooms, with an estimated bill of almost $200,000, Corrections Minister Gerard Maley said in a statement.
“Our government will not dismiss this as wear and tear; it is calculated destruction,” he said.
“The damage includes vandalized sinks, metal intercom panels torn from the bedroom walls, and metal sheet lighting and sockets torn from the walls, exposing live wires.”
The new Holtze youth prison in Darwin was damaged a few days after the first children were admitted.
NITV understands that repairs have been completed.
Mr Maley said two children at the Alice Springs Youth Detention Center assaulted juvenile justice officers and have so far been transferred to Holtze, but the plan is to move all the children to one facility.
“The previous Labor government put ideology ahead of victims and public safety for too long,” he said.
“…Labour focused too heavily on the therapeutic model and not enough on the safety and security of staff and youth detainees.
“Now is the time to refocus those priorities and ensure offenders know there are consequences for their actions.”
Mr Maley said in a statement to NITV that young people in custody participate in a structured day program that includes daily routines focused on education and life skills development, including programs that support social, emotional and well-being.
“While young people are in the centres, they are also associated with disabilities and other forms of support that they will continue to access after they leave,” he said.
“Young people need comprehensive, ongoing support in their lives after release, including for ongoing rehabilitation, housing, employment, education, training, healthcare, disability support and community connection.
“Ongoing support and continuity of relationships help prevent young people from returning to unhealthy behavior patterns or offending.”
According to a report from According to the Australian Institute of Health and Welfare, released this month, 90 percent of children between the ages of 10 and 12 return at some point.
This Sunday, November 17, will be exactly seven years ago into the protection and detention of children in the NT has released its final report.
It recommended raising the age of criminal responsibility, achieving a paradigm shift in youth justice to increase diversion and therapeutic approaches and increasing engagement with Aboriginal organizations in child protection, youth justice and detention.
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