NT Youth Justice Act changes pass parliament, including reinstatement of spit hoods in youth detention

Australia Broadcast Center

21 hours ago

A suite of changes to the Youth Justice Act, including a proposal to reinstate the use of spit hoods in youth detention centres almost eight years after the practice was banned, have passed Northern Territory parliament on Thursday evening.
Warning: This story contains references to injuries and self-harm.
The official list of amendments — which also includes the removal of the principle of detention as a last resort and more powers for youth justice officers to use reasonable force — were introduced to NT parliament on Wednesday and debated on Thursday, after being announced earlier in the week.
The changes have been strongly criticised by youth justice advocates, including the NT children's commissioner.
During debate on Thursday, Chief Minister Lia Finocchiaro said the government had been working on the new legislation "all year".
"It is part of our election commitments that we took to Territorians in August last year [at the NT election] and it is part of our plan to reduce crime right across the Northern Territory," she said.
She said the bill included "practical reforms" that would "stop" detainees from assaulting youth justice workers and other young people in detention.
The proposed law's explanatory statement says it will allows courts to consider a youth's full criminal history when sentencing for adult offences, and introduces clear authorisation" for the use of spit hoods and waist restraints on youth detainees.
"You cannot run a correctional facility and expect your staff to have zero powers to protect themselves or others," Ms Finocchiaro said.
"We're going to continue on our path ... to make sure we are putting the rights of people to be safe above all else and [that] our laws are contemporary and meet community expectation, because that is the job of a parliament."
Opposition Leader Selena Uibo criticised the government's proposed changes for ignoring the recommendations of the 2017 Royal Commission into the Protection and Detention of Children in the Northern Territory and the advice of experts.
She also criticised the government for not being up-front during its briefing about all elements included the bill, such as giving correctional officers the new ability to use a security dog against a youth detainee.
"Almost every one of these measures ... spit hoods, dog control, mechanical restraints, were either explicitly condemned or ruled out by the royal commission," Ms Uibo said.
Greens MLA Kat McNamara said when members of the crossbench were briefed, they were told the amendments would lead to "at least 100 more children aged as young as 10 in prison each year".
"Children do not belong in prisons and yet this government is shamelessly rushing through these changes without any evidence that they will effectively reduce crime or keep community members safe," she said during debate.
"In fact, they know that this goes against the evidence, but they don't care.
"This is action for the sake of action, but worse than that, it is cruel, punitive and evidence shows it will only increase rates of recidivism and violent offending."
Amendments to the NT's Youth Justice Regulations 2006 also passed, which will see more crimes classified as "serious", making young people who commit them ineligible for youth diversion.
Ms Finocchiaro said the government planned to introduce a second set of changes to the Youth Justice Act in coming months, including "to enhance the diversion process and options and provide community service choices for youth boot camps".
In a letter sent to the chief minister on Wednesday, signed by 45 NT paediatricians, the medical professionals urged the government to reconsider its approach to young offenders.
"There is no evidence that criminalising a child's behaviour deters an individual from offending, this in fact does the opposite and entrenches criminal behaviour for that young person," the letter reads.
Speaking to the ABC, Anna Lithgow and Catherine Boyd who have both worked as paediatricians in the NT for almost two decades, said the suggested changes posed significant health risks.
"We know that these mesh [spit] hoods, when placed upon children's heads, impact on their breathing and can lead to asphyxiation, seizures, stroke, disability and death," said Dr Lithgow.
"Increasing rates of incarceration of young people can only result in increasing psychological trauma, potentially increasing rates of suicidality, self-harm [and] emergency department presentations," added Dr Boyd.
Justice Initiative Reform executive director Mindy Sotiri said at their core, the proposed changes failed to understand the way in which young people thought about crime.
"To suggest that children are rationally weighing up the consequences of their actions and deciding not to commit crime, because, you know, there's a change to the diversionary options available, or because there's a harsher penalty, it's just really naive," she told ABC Radio Darwin.
"That's just not the way that crime is committed."
She said programs that offered bail and post-release support or First Nations place-based support were some examples of changes proven to help reduce recidivism.
The chair of the National Aboriginal and Torres Strait Islander Legal Service (NATSIL), Karly Warner, said in a statement the government was ignoring a large body of research in the area.
'There is a mountain of local, national and international evidence that shows prevention, and intensive, trauma-informed, community-led support is what actually works. These proposed amendments to legislation do exactly the opposite," she said.