The Finocchiaro Government has proposed changing child protection laws to override national guidelines, making it easier for courts to place Indigenous children in the care of non-Indigenous families to avoid the child being put at risk, but the NT Children’s Commissioner Shahleena Musk has argued the changes go against the evidence of what is best for children, it has been reported.

The proposed changes were reported by the ABC over the weekend, based on a leaked government document, with plans to alter the Care and Protection of Children Act 2007 to add a “special and exceptional circumstance” provision to allow courts to order children be removed from their homes and placed with non-Indigenous families, something that does not adhere to the Aboriginal Child Placement Principle.

The principle states that if an Aboriginal child is to be taken into the child protection system, the government must try to place the child with family or other close community members, or failing that place the child in an Indigenous placement, rather than with non-Indigenous carers. Courts, child protection officers and police must follow the principle.

The ABC reported the act would also mean it would be easier for courts to also ignore other parts of the ACPP: meaning that an Aboriginal child’s family members may not be involved in the decision-making about them; that decisions about Aboriginal child did not have to be healing-focused and trauma-informed; and Aboriginal child would not have to be put in care close to their community.

“It is proposed that the amendment be made to ensure that even if it is practical to uphold a principle … a court has discretion to not uphold the principle in special/exceptional circumstances where upholding the principle may adversely impact the safety and wellbeing of children and/or adults within a family or community,” the ABC reported that the document said..

“If the court found there would be an adverse impact … then the court would have discretion not to apply that principle.

“In any conflict between the rights of the child and the rights of an adult, the rights of the child would have priority.”

NT Attorney-General Marie-Clare Boothby told the National Indigenous Times her government would not allow the “status quo” to remain with community safety.

“We will do things differently under this government, and we won’t apologise for that,” Ms Boothby was quoted as saying.

The changes were criticised by the NT Children’s Commissioner Shahleena Musk who was cited by the NIT saying the changes were unnecessary and arguing they undermined 30 years of evidence emphasising the importance of a child’s connection to their family and culture, labelling the amendments as unwarranted and lacking support.

“Any future reforms to the Child Placement Principle should strengthen the elements and improve implementation in practice particularly to the level of ‘active efforts’,” Ms Musk was quoted as saying.

“It is the birthright of Aboriginal children to be connected to their family, country, community, language and culture as enshrined by the Child Placement Principle.”

She said the CLP Government’s insufficient consultation, with the limited time to offer input on the suggested reforms being disappointing, and she said it failed to meet the government’s promise of “transparency, accountability and good practice in parliamentary procedure”.

“It is vital that any legal or policy reform that will impact the rights and interests of vulnerable children are done so through proper process, meaningful consultation, and public scrutiny,” Ms Musk was quoted as saying.

“It is unacceptable that another suite of reforms that relate to vulnerable children, particularly those who are Aboriginal and Torres Strait Islander, are being undertaken at haste and without meaningful consultation. This is a continued example of discriminatory reform targeting vulnerable Aboriginal children.”

In a statement to the media Greens member for Nightcliff Kat McNamara also criticised the bill calling it a racist dog whistle and an attack on Aboriginal families.

“The problems in the child protection system will not be fixed by removing safeguards like the Aboriginal Child Placement Principles. If the CLP really cared about Aboriginal children in care, they would vastly increase the funding and staff in the sector and properly support Aboriginal families who wish to become carers,” Ms McNamara was quoted as saying.

“The Aboriginal Child Placement Principles are there because of the vast number of reports and recommendations ensuring that we do not repeat the Stolen Generation. And yet here the CLP is trying to recreate the conditions for one of the darkest times in Australia’s history.”

She stressed that the CLP was once again attempting to introduce harmful legislation without adequate consultation or consideration of evidence, and this could have negative impacts on Aboriginal children and their families.

“If they are so concerned about the safety of Aboriginal children, where is the urgency to properly fund the domestic family and sexual violence sector?” Ms McNamara was quoted as saying.

“Where is the urgency to fund and implement early intervention support for families who are struggling? The priorities of this CLP Government are demonstrating that they do not have the best interests of Aboriginal children and families at heart.”

Opposition Leader Selena Uibo criticised the government’s “political point-scoring,” saying some of the suggested changes unfairly “targeted” Indigenous children and families, which she found “alarmingly” concerning.

“The CLP must explain why they are creating laws that single out one segment of our community,” Ms Uibo was quoted as saying.