The Northern Territory's most senior female lawyer, Sally Gearin, has backed the territory government's proposed changes to child protection laws, arguing that safety must be the primary consideration when deciding whether to remove a child from their family.
Controversial Reforms
The NT Government's proposal would amend the Aboriginal Child Placement Principle, replacing it with a universal principle that explicitly prioritises child safety. Critics claim the changes are rushed and culturally insensitive to Aboriginal communities, but Gearin, writing in a personal capacity, dismissed these objections.
In a submission to the NT Parliament's scrutiny committee, Gearin said it was "almost Kafkaesque to have to argue safety should not be the primary basis of decision making when deciding whether children should be protected by being taken away from their family."
Kumanjayi Walker Case
Gearin cited the case of Kumanjayi Walker, a 19-year-old Indigenous man shot dead by police in 2019, as an example where safety was not prioritised. She wrote that Walker was born to an alcoholic mother with foetal alcohol syndrome, neglected as a child, and passed between dysfunctional relatives without receiving care or treatment. "It was inevitable that he would end up where he did," she said. "He had a stamp on his forehead from the moment he was born."
Legal Liability Warning
Gearin also warned the government could face legal action if it fails to remove children from unsafe environments. She highlighted the case of Dion Barber, who received $2.85 million compensation from the WA Government after being returned to an abusive home. Gearin argued that the Department of Children and Families acts as loco parentis and could be sued for failing to protect children.
Irony in Aboriginal Leadership
Gearin noted the irony that many wealthy Aboriginal people, including politicians, choose not to raise their children "on country," instead opting for safer urban environments or boarding schools. She said this indicated a reluctance to expose children to unsafe conditions.
Government's Stance
Chief Minister Lia Finocchiaro has rejected criticism, stating the government is "unapologetic" in its approach. "We know that Territory kids need the very best chance in life," she said, adding that the reforms prioritise child safety above all else.
Gearin's submission is among 150 received by the government, with many opposing the changes. However, the government remains committed to passing the legislation.
