NT Youth Justice Act changes debated in parliament, expected to pass today
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.
Introducing the bill to parliament on urgency on Wednesday, Corrections Minister Gerard Maley said it would deliver on the government's objective of reducing crime.
"This bill is required because Territorians demand community safety, and Territorians demand consequences for actions," he said.
Mr Maley also provided further details about the specific changes part of the bill, including the introduction of waist restraints, in addition to spit hoods, in youth detention centres.
He said the amendments were aimed at removing "ambiguous" language, such as "serious damage" and "imminent risk", in the section of the Act that describes when it is appropriate for a youth justice officer to use force.
"It delivers a clear message that serious offending will be met with serious consequences and frontline officers will have the tools they need to ensure safety, order and accountability," Mr Maley said.
Deputy Opposition Leader Dheran Young criticised the government's decision to introduce the bill on urgency as a "knee-jerk reaction" and raised a motion for the amendments to be referred to the legislative scrutiny committee, which did not pass.
"It's poor governance, it's poor process, not even allowing us the time to actually look at the bill," Mr Young said.
During debate on Thursday, 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 upfront 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.
The chief minister earlier this week said the reinstatement of spit hoods was "just tools in the toolbox for our corrections officers should they need to protect themselves."
She 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.
It is expected the legislation will be voted on and likely passed in parliament on Thursday.
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