A coalition of NT legal services across the Northern Territory are deeply concerned that recent comments by the Minister for Child Protection Robyn Cahill show that she fundamentally misunderstands the operation of the legislation she administers and the realities of the child protection system in the Northern Territory.

The group, comprising North Australia Aboriginal Justice Agency (NAAJA), Central Australian Women’s Legal Service (CAWLS), Darwin Community Legal Services (DCLS), Katherine Women’s Legal Service (KWILS), Central Australian Aboriginal Family Legal Unit (CAAFLU), Top End Women’s Legal Service (TEWLS) and North Australian Aboriginal Family Legal Service (NAAFLS), are asking Minister Cahill to work with the sector and her Department to prioritise young people.

The Northern Territory is the worst performing jurisdiction in the country when it comes placing children with family. Aboriginal children represent approximately 90 per cent of all children in out-of-home care, yet only 16.7 per cent are placed with family[1].

The Minister incorrectly stated that “the safety and well-being of the child must be the first consideration” and that existing legislation does not provide for this. The Care and Protection of Children Act NT (The Act) places the best interests of the child as the paramount consideration in all child protection decision-making.

“This is not aspirational language; it is a binding legal standard that governs investigations, removals, placements, court orders, reunification planning and service responses,” NAAJA CEO Ben Grimes said.

“Decision-makers are required to actively apply this principle, with a clear statutory focus on a child’s safety and protection from harm as the primary concern.”

The Act requires consideration of specific factors, including the child’s safety, wellbeing and development; protection from abuse and neglect; the child’s views and wishes; emotional, psychological and developmental needs; stability and continuity of care; family, cultural and linguistic identity; and the likely long-term impacts of decisions.

While other interests may be considered, they cannot override the child’s best interests.

The Minister clearly misunderstands how the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) operates under the Act. The ATSICPP does not compete with, nor dilute, the best interest’s principle. Rather, it defines how best interests must be understood and applied for Aboriginal children.

The best interest of the child is always the paramount consideration. The existing legislation promotes the placement of Aboriginal children with the family or with other Aboriginal people, but only so far as is practicable.

“The question is not whether culture outweighs safety, but how safety can be ensured without unnecessarily severing a child’s cultural identity,” NAAFLS CEO Cindy Torrens said.

Research consistently shows that Aboriginal children experience better outcomes when families and communities are empowered to design and deliver solutions, and when culture is recognised as a protective factor rather than a barrier.[2]

Placement instability, lack of cultural and family connection, and poor support on leaving care significantly increase long-term harm and inter-generational vulnerability.[3]

“The reality is that these decisions are incredibly hard. It is easy for the Minister to cherry-pick specific examples of where things have gone wrong,” Principal Legal Officer at CAAFLU Aboriginal Corporation, Carol Smith said.

“The problem is not the legislation, which has been carefully reformed over decades, including in response to the Royal Commission into the Protection and Detention of Children in the Northern Territory.”

The group are encouraging the Minister to work with her Department to strengthen the implementation of existing frameworks, stabilise and build the capacity of the child protection workforce and ensure frontline services have the resources they need to keep children safe.

[1] SNAICC. (2025). Family Matters Report 2025 – Figure 28

[2] Aboriginal Child, Family and Community Care Secretariat. (2016). Achieving a Holistic Aboriginal Child and Family Service System for NSW

[3] Vanessa Edwidge and Paul Gray. (2021) Significance of Culture to Wellbeing, Healing and Rehabilitation.