Territory Govt winds back human rights reforms

10 October 2026

The new CLP Territory Government is winding back a number of important reforms that were won in the aftermath of the 2017 Royal Commission into youth detention and child protection.

The new government moved quickly to: 
  • Lower the age of criminal responsibility from 12 back to 10
  • amend the Youth Justice Act to reintroduce the use of spit hoods in youth dentition facilities, remove the long-standing principle that detention should be a last resort for children, and expand the list of offences making young people ineligible for diversion programs.

ASU members working in Aboriginal legal services and First Nations activists warned the changes would worsen youth incarceration rates and push more Aboriginal children into detention without addressing the root causes of offending. And this is exactly what has happened. 

Within six months of forming government, 402 children — mostly Aboriginal — had been held in police watch houses. That’s around 1.5 % of Territory children aged between 10 and 17.

The government has been widely criticised by the United Nations, health and justice advocates including NT paediatricians, not-for-profit organisations and Aboriginal peak bodies – and the ASU.

The ASU played a role in the national campaign to ban the use of spit hoods – for both adults and children in correctional facilities – and we worked closely with First Nations activists to convince the then Labor Governments in South Australia and the Territory that they should outlaw the barbaric practice.

The CLP Government came into power having campaigned on crime in the Territory so it is no surprise to see them amping up the rhetoric to cause further division, and introducing “tough-on-crime policies”.

However, we are very disappointed to see them go as far as to reintroduce the use of spit hoods.

This was just one of the issues that ASU SA + NT Secretary Abbie Spencer and Assistant Secretary Ella Waters raised directly with Prime Minister Anthony Albanese when they met with him recently in Canberra. Given the Commonwealth funds more than 70% of the Territory's budget, we will continue to push the Albanese Government to do everything in its power to stop the CLP Government undoing years of youth justice reforms.

It's pleasing to see Federal Indigenous Affairs Minister Malarndirri McCarthy has signalled the Commonwealth may indeed use its funding leverage to address what she is calling “a human rights issue that we cannot ignore”.

The CLP Government is not stopping with youth justice reforms however. They have also passed tougher bail legislation for adults, given police extra powers, strengthened public drinking laws and legalised the carrying and use of pepper spray.

The changes to bail have contributed to an extra 600 adults being held in Territory jails than under Labor. Despite opening up new prisons, the government can’t keep up with the influx. Overflow prisoners are being held in police watch houses, where up to 20 people share a single cell in inhumane conditions.

The NT Government also announced plans to amend the NT’s anti-discrimination laws.

While it has now walked back on its plans to scrap hate speech protections, after pushback from the community groups, it is still planning to  revise the laws to "focus on real harm", which the Anti-discrimination Commissioner says will still "water down" current protections. 

The government also plans to allow religious schools to prioritise hiring staff of the same faith, which could discriminate against LGBTQIA+ job candidates. 

The ASU has signed an open letter with Equality Australia and other community group condemning these changes and calling for the Prime Minister to step in and protect the rights of LGBTIQIA+ Territorians.