Review of Care and Protection of Children Act 2007 (NT)

Introduction

SNAICC welcomes the opportunity to make a submission to the Northern Territory Department of Children and Families (DCF), regarding:

• the scope for the Review of the Care and Protection of Children Act 2007 (NT) (the CaPCA)
• amendments already proposed to the CaPCA
• suggested amendments to the CaPCA which would be of value to the safety and wellbeing of Aboriginal and Torres Strait Islander children and young people in the NT.

SNAICC also acknowledges DCF is undertaking a comprehensive of the CaPCA, following SNAICC and other stakeholders raising concerns in January 2025 regarding a lack of transparency and adequate consultation on potential reforms to Section 12 of the CaPCA.

Collaboration with the Aboriginal Community Controlled Sector by the NT Government must always uphold principles of shared decision-making, as committed by all governments under the National Agreement on Closing the Gap. This NT government request for sector feedback on the scope of the review represents an initial step in collaboration. It is the strong expectation from SNAICC and other stakeholders that the NT government will engage in intensive and meaningful collaboration about proposed changes to the CaPCA.

List of recommendations

1. The scope of the CaPCA review should include the extent to which the legislation is aligned with evidence-based strategies to address the crisis of over-representation of Aboriginal and Torres Strait Islander children in out-of-home care
2. The CaPCA review should consider whether the legislation is sufficient to uphold the Aboriginal and Torres Strait Islander Child Placement Principle
3. The CaPCA review should assess the extent to which the legislation is upholding child’s rights, including the specific cultural rights of Aboriginal and Torres Strait Islander children
4. SNAICC reiterates its opposition to previously proposed Special and Exceptional Circumstances amendments to Section 12, which would give the court discretion to not uphold Section 12 if it deemed that upholding it would adversely impact the safety and wellbeing of children and/or adults within a family or community.
5. Section 12 should be strengthened with explicit reference to the five elements of the Aboriginal and Torres Strait Islander Child Placement Principle.
6. The concept of ‘major role’ of the Aboriginal community could be made more explicit in Section 12(1)
7. Section 12(3) could be strengthened to ensure priority placement is with Aboriginal family or kin
8. Incorporation of active efforts into the CaPCA needs to occur alongside a greater recognition of the Child Placement Principle. Active efforts should be defined as thorough, purposeful and timely efforts, with clear requirements for record keeping of efforts made which can then be submitted to the court.
9. A requirement for mandatory mediation conferences if requested by families should be included in Section 49. The CaPCA should be strengthened to ensure conferencing methods align with the Aboriginal Family-Led Decision Making (AFLDM) model
10. A definition of ‘recognised entities’ be included in the CaPCA, which would encompass ACCOs that could participate in child protection matters and be heard in proceedings relating to children
11. The CaPCA should include mechanisms to support meaningful involvement of children and young people in the development of laws and policies about them
12. Section 72A be strengthened to ensure ACCO or community involvement in care planning is mandatory, instead of at the Department’s discretion
13. Section 70(5) be strengthened to require ongoing active efforts to support cultural identity for Aboriginal children, instead of ‘reasonable actions’
14. Section 130(3) should be strengthened to ensure courts have a role in overseeing care plan content
15. Section 70(3) be strengthened to ensure leaving care plans include actions to ensure Aboriginal children leave care with a strong sense of identity, belonging and community connection
16. Section 8A be strengthened with a broad requirement for public authorities to address systemic racism
17. A dedicated NT Commissioner for Aboriginal Children and Young People be established, and Children’s Commissioners are given full, unrestricted access to all care and detention environments (noting outside of CaPCA review scope).