The Northern Territory Government has passed a suite of amendments to its Youth Justice Act, undoing the previous Government’s “detention as a last resort” policy.
Among the changes is the reinstatement of ‘spit hoods’ in youth detention, a practice that has been banned for nearly a decade.
The reforms have drawn criticism from the NT Opposition, First Nations leaders, and human rights advocates, who say the “degrading, inhumane and dangerous” practice is a breach of internationally recognised human rights laws for children.
The changes
The amendments broaden the list of offences that allow police to “proceed directly to charging” under-18s.
Courts will now be permitted to consider a child’s full criminal history when sentencing for serious offences, and are no longer required to treat prison as a last resort. In the NT, 10-year-olds can be prosecuted for crimes.
The legislation also grants police expanded powers to intervene in detention centres.
The amendments reverse a ban on the use of ‘spit hoods’ — head coverings designed to prevent people in jail from spitting at officers.
Spit hoods were banned in NT youth detention centres after a 2017 Royal Commission recommended their removal, flagging concerns about the physical and psychological harm they cause children. They have been involved in the deaths of First Nations people in custody.
NT Corrections Minister Gerard Maley said the change “responds directly to community concerns” from victims of crime and staff in NT juvenile detention centres, who he said “were left without the tools they need”.
Opposition Government
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
The Opposition called the amendments “rushed”, saying they are the fourth round of changes to the NT’s Youth Justice Act in under a year.
Opposition Leader Selena Uibo said the amendments “strip away basic sentencing principles and ramp up punitive measures” without addressing the underlying causes of youth crime.
“This latest move is nothing more than chaos disguised as policy, a kneejerk reaction to mounting public pressure, not a real plan to break the cycle of youth offending,” Uibo said.
Criticism
The reforms have prompted calls for reconsideration from the Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss.
Commissioner Kiss warned that the changes overlook the underlying drivers of youth offending, including “systemic racism and intergenerational trauma that compounds complex unmet needs”.
“We should not be further damaging young people... by introducing harsher measures that don’t actually make communities safer,” she said.
Human Rights
Australian Lawyers for Human Rights (ALHR) condemned the reintroduction of spit hoods, calling it a breach of Australia’s international human rights obligations.
ALHR Vice President and Chair of Children’s Rights Kerry Weste said, “there is no safe use of spit hoods”.
“All children have an internationally recognised right to be treated humanely when deprived of their liberty and to be free from torture, cruel, inhuman and degrading treatment or punishment,” Weste said.
