Amendments to the Northern Territory’s Youth Justice Act (2005), including reintroducing the use of spit hoods or anti-spit guards in youth detention and removing ‘detention as last resort’ protections, have been widely criticised as rushed and regressive changes that will impact on the safety and human rights of some of our youngest Territorians.
Jen Hyatt, National Advocacy Director at CREATE Foundation says that CREATE strongly opposes the recent amendments and holds grave concerns for the safety and wellbeing of vulnerable children resulting from the punitive youth justice measures in the Northern Territory.
“It’s incredibly disappointing to see Australian governments going backwards and taking steps that we know harm children.
The public safety concerns in the Northern Territory won’t be resolved by blaming and dehumanising children, many who are victims of crime themselves and have experienced violence and exploitation by adults.
Disproportionately, those who will be impacted by these changes are children with disability, cognitive delays, and those growing up in the care of the government with a history of family violence experiences.
There has to be a better way, and there is – CREATE encourages the Northern Territory to consider alternative models from around Australia and the world that respond to children with public health and restorative approaches that will short-circuit cycles of violence.
Australia’s youth justice systems, and out-of-home care systems are fraught with systemic racism resulting in the over-representation of Aboriginal and Torres Strait Islander children and young people.
Blaming and dehumanising children through criminal responses is not the solution.”
Tim, a CREATE Young Consultant in the Northern Territory believes these reforms could fuel cycles of contact with the justice system that will continue into adulthood – meaning more offending, more crime and less safe communities.
“If you lock them up young, you’re probably going to be locking them up later,” he said.
On using spit hoods on children in youth detention, Tim said: “I think that’s just dehumanising them. It’s like putting a muzzle on a dog.”
CREATE supports the NT Children’s Commissioner’s Statement and the Australian NPM Joint Statement in calling for evidence-based approaches and expert consultation for addressing public safety concerns in the Northern Territory.
Across all Australian jurisdictions, CREATE Foundation advocates for:
- Raising the age – Increase the minimum age of criminal responsibility to 14 years (without exception) and the minimum age of detention to 16 years.
- Trauma-informed and therapeutic services – Provide child-centred, trauma-informed, and therapeutic services for all children who come into contact with the justice system.
- Comprehensive diversion supports – Invest in early intervention and diversion programs to address underlying causes of offending and reduce contact with justice systems into adulthood.
- Addressing disproportionate criminalisation of children in care – Tackle the over-representation of children with a care experience—particularly those in residential care—within the justice system, by addressing systemic factors such as racism, poverty, trauma, and lack of support for mental health and housing needs.
- End the criminalisation of children – Implement reforms to ensure children are supported through community-based responses rather than being criminalised or detained.
CREATE Foundation is the Australian national consumer body representing the voices of children and young people with an out-of-home care experience. We provide programs to children and young people with an out-of-home care experience. We listen to what those with lived experience tell us, and advocate with and for them to achieve systemic change. CREATE is a national leader in child and youth participation in Australia, bringing 25 years of child voice and participation expertise.
*ENDS*
For further comment from CREATE Foundation’s National Advocacy Director, Jen Hyatt, contact Taylor Toovey, Communications and Media Specialist via (m) 0478 814 752 or taylor.toovey@create.org.au
Key statistics on out-of-home care in Australia
- There are currently around 44,900 children and young people in out-of-home (OOHC) care nationally (AIHW, 2024).
- As of 30 June 2024, of the 44,900 people in out-of-home care, 20,000 were Aboriginal or Torres Strait Islander children (AIHW, 2024).
- Nationwide, only 67.5% of children and young people in care feel they could have a say ‘reasonably often’ and 15.7% reported that they rarely or never had a say (McDowall, 2018).
Australian Institute of Health and Welfare. (2024). Child protection Australia 2023–24. https://www.aihw.gov.au/reports/child-protection/child-protection-australia-2023-24/contents/about
McDowall, J. J. (2018). Out-of-home care in Australia: Children and young people’s views after five years of National Standards. CREATE Foundation.
