Gayaa Dhuwi (Proud Spirit) Australia (Gayaa Dhuwi) condemns the Northern Territory Government's proposed overhaul of the Youth Justice Act 2005, describing it as a punitive and damaging step backwards that ignores overwhelming evidence and will cause irreversible harm to vulnerable children.
Gayaa Dhuwi affirms the right to safety for every person in our community, especially our children. However, creating genuinely safe communities is achieved through early intervention and support, which is far more effective and prudent than punishing distressed young people.
The Northern Territory proposed changes, which include removing the principle of 'detention as a last resort' and authorising the use of spit hoods, are in direct contradiction of expert advice, multiple reports and inquiries, and basic human rights standards.
This announcement comes just as the Productivity Commission's 2025 Annual Data Compilation Report reveals the Northern Territory is already failing to meet its commitments under the National Agreement on Closing the Gap, with worsening trends in adult incarceration (Target 10) and no improvement in youth detention rates (Target 11).
Contact with the criminal justice system is not a standalone issue. It is often the end point of a long trail of systemic failures across health, housing, disability, and child protection. When these systems fail to provide care, the justice system responds with punishment, pulling our children further from the family, culture, and community connections that are essential for their social and emotional wellbeing.
Professor Helen Milroy AM, Chair of Gayaa Dhuwi, said the proposed laws abandon a health-based and trauma-informed approach in favour of punishment, which will only deepen cycles of disadvantage.
"These are some of our most vulnerable children, many of whom come from backgrounds of immense trauma and have complex, unmet health and developmental needs. They require care, support, and healing," Professor Milroy said.
"Subjecting children to these practices will inflict profound and lifelong psychological challenges and fail to break the destructive cycles of intergenerational trauma and disadvantage. The evidence is clear that punitive measures do not create safer communities; they create more traumatised individuals. We must invest in community-led solutions that address the root causes of distress, rather than punishing the symptoms."
The Productivity Commission's latest data confirms that punitive approaches are failing. The decision to remove critical safeguards like 'detention as a last resort' will only accelerate this failure, leading to more children entering a system that is proven to cause harm.
Ms Rachel Fishlock, CEO of Gayaa Dhuwi, said the reforms represent a profound failure of policy and leadership.
"These proposed laws are a flagrant breach of Australia's international commitments, including the United Nations Convention on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous Peoples," Ms Fishlock said.
"These agreements affirm the right of children to be protected from institutional harm and the right of our Peoples to self-determined, culturally informed services. Subjecting children as young as 10 to a punitive justice system that uses instruments of torture is a continuation of the same harmful state practices that have damaged our communities for generations. This isn't just a policy failure; it is a failure to uphold basic human rights."
Gayaa Dhuwi urges the Northern Territory Government to immediately withdraw this harmful legislation and engage in genuine partnership with Aboriginal and Torres Strait Islander communities on evidence-based, community-led solutions that support our children and create genuinely safer communities for everyone.
