The North Australian Aboriginal Justice Agency (NAAJA) has filed a challenge to NT Bail laws in the High Court. NAAJA will argue that the NT Government’s recent changes to bail laws are unlawful and undermine the foundational principles of our legal system, which protect us all, because they constitute a punishment before a person has had a fair trial or been found guilty or not guilty.
The purpose of bail is to ensure that people charged with criminal offences, who under the law are innocent until proven guilty, attend their trial. NT courts already have the responsibility to consider the risk of offending and the nature and seriousness of the alleged offence, and any risks to the safety and welfare of victims when deciding whether to grant bail.
The Bail and Youth Justice Legislation Amendment Act 2025 (NT) (Act), which commenced in May 2025, added additional measures that say a judge must now have a “high degree of confidence” that a person applying for bail will not commit a serious offence or endanger the safety of the community. This test only applies if a judge is already satisfied that a person should be granted bail, taking into account all the usual factors.
These new measures impose an impossibly high threshold for someone to be granted bail. They essentially and unlawfully impose a punishment, without trial or a finding of guilt, outside of the standard lawful bail considerations.
This erodes a foundational principle of our criminal justice system, designed to protect us all: that judges can only be given power to lock someone up as a punishment for a crime, or in exceptional cases with appropriate safeguards and limitations.
NAAJA Chairperson Theresa Roe says “these new laws mean more and more Aboriginal people in the NT are being locked up when they haven’t been convicted of any crime. NAAJA sees many people who have been sent to prison because of these laws who have later had their charges withdrawn, essentially serving time for crimes they have not committed”
This challenge will hold the NT Government to account for any violations of our Constitution and to protect the proper separation of powers between governments and courts, fundamental tenets of our legal system.
“Getting the balance right in bail laws is difficult, but these NT laws are badly wrong. They are punitive and remove judicial discretion. They plainly operate unfairly,” said Geoffrey Watson, SC, a Director of the Centre for Public Integrity.
The NT Government evaded full and proper scrutiny by drafting the Bill behind closed doors and passing it in parliament in an extraordinary sitting, within 3 days. This shocking refusal to engage with any public accountability and scrutiny processes that are designed to check the power of governments endangers our communities and leads to bad lawmaking.
NAAJA Chairperson Theresa Roe said “The current CLP government is avoiding scrutiny and accountability. They have passed 9 bills on urgency since coming to power in August 2024, a mechanism that is meant to be reserved for emergencies only. Unfortunately, because this Act didn’t follow the proper process the only avenue we now have to test it is in the High Court”.
“Continuously ramming laws through Parliament without proper process and scrutiny is not only undemocratic, it makes for bad policy that harms communities. Despite what it may believe, the NT Government is not above the Constitution.”
The Grata Fund has provided financial support to NAAJA in this case, to ensure we can seek justice in court by challenging unlawful and unconstitutional legislation.
Media contact
Comments in this media release other than direct quotes can be attributed to a NAAJA spokesperson.
Contact
Ben Grimes, NAAJA CEO
media@naaja.org.au
NAAJA MR2025-21
23 December 2025