McCarthy Voices Worries to NT Over Reintroduction of Spit Hoods and Youth Detention

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The federal government has raised concerns about youth incarceration and the re-introduction of spit hoods in jail in a meeting with the Northern Territory Chief Minister Lia Finocchiaro.

Minister for Indigenous Australians Malarndirri McCarthy held talks with Finocchiaro on Wednesday.

“Earlier this week I met with the Northern Territory chief minister, in those discussions I made very clear the concerns I have in regards to First Nations youths in watch houses and the reintroduction of spit hoods,” McCarthy said in a statement.

“As minister for Indigenous Australians, I will continue working with my ministerial colleagues to keep state and territories accountable for their commitments to close the gap on justice outcomes.”

Finocchiaro described the meeting as “productive”.

She said she outlined the Territory government’s “clear focus on reducing crime, rebuilding the economy, and restoring our Territory lifestyle,” she said.

“Today’s NT Police statistics confirm our approach is working — with 605 fewer victims of crime in just the past six months.”

“As we enter our second year of government, our priorities are clear: get more kids to school, hold parents accountable, and create productive pathways for young people. Tackling these drivers is critical to reducing crime and building safer, stronger communities.”

The Country Liberal Party-led NT Government has a parliamentary majority with 17 out of 25 seats and passed legislation to amend the Youth Justice Act earlier this month.

The changes included bringing back spit hoods in youth detention centres, a practise banned by the former NT Labor government following a royal commission into juvenile justice and child protection in the NT.

The amendments also included removing detention as the last resort for children and increasing the scope of reasonable force for Youth Justice Officers, along with increasing the number of offences that are not required to prioritise a youth diversion program instead of prison.

Closing the Gap outcomes worst in NT

The legislation fuelled concerns raised at the Garma Festival in North East Arnhem Land about the likelihood that it would lead to increasing numbers of children in the NT prison system, and would be at odds with the agreements between the NT and Federal Government to Closing the Gap.

One of the Closing the Gap targets is to ensure “young people are not overrepresented in the criminal justice system”, specifically to cut the rate of Aboriginal and Torres Strait Islander young people between the ages of 10 and 17 in detention by at least 30 per cent by 2031.

The Australian Human Rights Commission has raised concerns the NT Government’s legislation is discriminatory and a complaint on behalf of human rights lawyers and Indigenous leaders has been lodged with the United Nations.

“Children’s exposure to the justice system is a symptom of systemic racism and intergenerational trauma that compounds complex unmet needs and underlying issues such as poverty, homelessness, disability, health and mental health issues and domestic, family and sexual violence,” the Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss said when the legislation was being canvassed.

McCarthy also addressed the meeting of federal, state and territory attorneys general on Friday in Sydney.

“I highlighted the escalating numbers of First Nations people in prisons across the country, in particular our youth, and reiterated that deaths in custody have to stop,” she said.

“I called on state and territory Attorneys-General to do more to reduce the incarceration rates of First Nations adults and young people.”

“State and territory governments have a responsibility to make decisions that align with their commitments under the National Agreement on Closing the Gap.”

She said the NT had the worst Closing the Gap outcomes.

Finocchiaro said the tough crime measures that have been imposed by her government have reduced the number of victims of crime by 4.7 per cent in the last six months.

Compared to the same period in 2024 she said the number of house break ins has been reduced by 375 and property offences are down by 503 cases.

“Our plan to reduce crime is working, but my team and I know there is much more work to do, and we are getting on with the job.”

“We will continue to work with police, courts and corrections to deliver stronger laws and enforcement, better victim support, and faster justice.”

“Community safety will always come first under our CLP government,” Finocchiaro said.

She said the change since taking office was evidence that the former Labor NT government did not have the right policies in place, had placed offenders first and “scarred” the community.