Advocates say the CLP’s youth justice overhaul defies Royal Commission findings and Closing the Gap commitments.
First Peoples Disability Network (FPDN) today condemned the Northern Territory government’s sweeping youth justice overhaul, reviving spit hoods and abolishing the principle that detention be a last resort, warning the changes will “lock up and traumatise Aboriginal children with disability.”
Spit Hoods constitute Torture Under International Law
The Northern Territory Government is knowingly choosing to use instruments of torture on children with disabilities, directly defying the recommendations of the 2017 Royal Commission and violating international human rights law. The government’s justification of “officer safety” is a fallacy, a comprehensive 2023 review by the Australian Federal Police (AFP) led it to ban spit hoods, concluding the “risk of using spit hoods outweighed the benefits of their use, given they are ineffective in protecting against transmissible diseases” (Australian Federal Police, 2023). The United Nations Committee Against Torture has repeatedly called on Australia to end the use of spit hoods in all circumstances.
“Reintroducing the very instrument that symbolised the horrors of Don Dale is deeply disturbing and a profound insult to every survivor and every family who bravely gave evidence to the Royal Commission.” Said FPDN CEO Damian Griffis.
“This is the continuation of the criminalisation of disability, compounded by racism. Instead of providing our children with the culturally safe health care, NDIS supports, and housing they desperately need, the government is responding with brute force. These children are being punished for the state’s own neglect. This policy will not make anyone safer. It will only create more trauma, more violence, and more despair, at a cost of over $1.3 million a year to lock up a single child (Justice Reform Initiative, 2025).”
A dangerous cocktail of punitive reforms
The Bail and Youth Justice Legislation Amendment Bill 2025 deletes the last resort safeguard, expands use of force powers, and green lights spit hoods for children, devices the 2017 Royal Commission labelled “inhumane” and recommended banning outright.
The Territory has already lowered the age of criminal responsibility back to 10 and strengthened presumption against bail rules, moves critics say will funnel ever younger children into custody.
Who will be hit hardest?
Evidence shows the fallout will land almost exclusively on Aboriginal kids and those living with disability:
- 94% of children in NT detention are Aboriginal – the highest rate in the nation.
- On an average night in 2024, 60% of all children detained nationally were First Nations despite being just 6.6% of their age cohort.
- A 2024 study of 10 to 13 year olds in NT detention found nearly half had multiple disabilities, including Foetal Alcohol Spectrum Disorder and cognitive impairment.
National and international obligations at risk.
By stripping away detention last resort protections and restoring spit hoods, the NT is moving against:
- Closing the Gap Target 11, which requires a 30% reduction in First Nations youth detention by 2031.
- UN Convention on the Rights of the Child and the Optional Protocol to the Convention against Torture, both of which stress non custodial measures and prohibit cruel treatment.
“The NT is gutting essential child safety safeguards just as we finally started addressing disability in the justice system. Re authorising spit hoods and turning detention into a first response will result in deeper cycles of trauma and incarceration.” Concluded Mr Griffis. “Our children need healing and disability support, not more cuffs, hoods and concrete walls. This law takes us backwards to the Don Dale days the Royal Commission exposed.”
Key Messages:
“Spit hoods are a form of torture—banned for good reason in 2016. Re-introducing them will retraumatise and endanger our kids.”
“Nine in ten children behind NT bars are Aboriginal; many live with disability. Punishment won’t close the gap—proper supports will.”
“The NT back flip rips up Royal Commission findings and puts Australia on a collision course with UN rights standards.”
“FPDN is calling for a national ban on spit hoods and urgent investment in community controlled disability services, and a comprehensive individual disability advocacy program for the NT.”
Call to action
First Peoples Disability Network calls on:
- NT Government — Withdraw the Bill’s punitive clauses; legislate a permanent ban on spit hoods; reinstate detention last resort in the Youth Justice Act.
- Commonwealth & States/Territories — Adopt national minimum standards prohibiting spit hoods and mandating disability informed, trauma responsive youth justice models.
- Media & Public — Amplify First Nations voices with lived experience of disability; scrutinise claims that harsher detention improves safety.
About First Peoples Disability Network
FPDN is the national peak organisation led by and for Aboriginal and Torres Strait Islander people with disability. We advocate for the human rights of 60,000+ First Nations people with disability and their families and work to ensure policies, programs and services are culturally safe, accessible and anchored in self-determination.
Suggested Interview – Angles and Availability
| Name | Position | Angle |
| Damian Griffis | FPDN Chief Executive Officer – is a descendant of the Worimi people and a leading national and international advocate for the human rights of Aboriginal and Torres Strait Islander people with disability. | High-level policy failure, international condemnation, and the direct link to disability discrimination and systemic racism. Royal Commission breaches, disability impact, Closing?the?Gap implications. |
For all media enquires please contact:
FPDN Media Team
Email: [email protected] or Mobile: 0429 291 730
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Cultural warning
Aboriginal and Torres Strait Islander readers are advised that this statement contains topics that may cause distress, including death in custody, police restraint, and systemic injustice.
