Monday, 12 February 2018

The Commonwealth Response to the NT Royal Commission into the Protection and Detention of Children in the NT



On 8 February 2018, the Commonwealth released its response to the recent report of the Royal Commission which was announced by the Prime Minister in July 2016 (link here) following revelation on the ABC 4Corners program. The Prime Minister, Minister for Social Security, and Minister for Indigenous Affairs issued a media release (link here). Carriage of the response is with the DSS. Here is a link to the Commonwealth’s response.

The Commonwealth has responded to 28 of the Commission’s 226 recommendations which relate to or involve Commonwealth action.

The Ministers’ media release stated (in part):

The Commonwealth Government will focus on improved national leadership and the coordination of early intervention for at-risk children in its response to the Royal Commission into the Protection and Detention of Children in the Northern Territory…

While the majority of the findings and recommendations are matters for the Northern Territory Government, which has responsibility for child protection and youth justice systems, there are a number of recommendations that solely or partially relate to the Commonwealth and we are committed to taking action where appropriate.

The Commonwealth invests $790 million of the Indigenous Advancement Strategy (IAS) into the Northern Territory, including one third of the Community and Safety Programme funding under the IAS. The Commission found the issue is not a lack of funding, rather, it is the lack of coordination and understanding of how that money is spent and what outcomes are being achieved…(emphasis added)

I propose to limit my commentary to a small number of issues rather than attempt a comprehensive analysis of the Commonwealth response. The response groups the 28 recommendations into 20 groups, and the responses break down as follows:

Supported                                          3

Supported in principle                      12

Noted                                                 3

Not supported                                    2


The reliance on the ‘support in principle’ approach is worrying as it allows the Government to appear supportive without necessarily committing to actioning the recommendations. This is the equivalent of the formulation utilised in the media release: ‘we are committed to taking action where appropriate’.

There are a number of recommendations relating to the effectiveness of program expenditure in the areas relating to children’s services, in particular recommendations 6.1, and 15.4.

Recommendation 6.1 suggests the Productivity Commission undertake a review and audit of Commonwealth expenditure in the Northern Territory in the area of family and children’s services relevant to the prevention of harm to children. The review should address coordination of programs, funding agreements and selection of service providers, service outputs and evaluations. The response was to support in-principle, with the addition of Northern Territory government expenditure to the review.

While a Productivity Commission review would no doubt be extremely useful, part of the ongoing underlying problem necessitating such an ad hoc review is that the Commonwealth and the NT fail to produce comprehensive information on what they spend and where, updated quarterly or even annually.

So for example, the Commonwealth Ministers’ media release mentions that the ‘Commonwealth invests $790 million of the Indigenous Advancement Strategy (IAS) into the Northern Territory, including one third of the Community and Safety Programme funding under the IAS’. Yet this information is not available on the PMC website (and of course, nor is any comprehensive and accessible expenditure information relevant to other jurisdictions or other functional responsibilities. This is a simple fix which would go a long way to meeting the Royal Commission’s aspiration that Governments work in partnership with Indigenous communities. This is not possible when Governments tightly control access to all information on investment priorities. 

Recommendation 15.4 relates to rationalising the funding of medical services in prisons by applying the Medicare Benefits and Pharmaceutical Benefits arrangements to the provision of health services within youth detention facilities, yet the Commonwealth has rejected this on the spurious basis that to accept the recommendation would lead to double dipping. The Commonwealth could make an adjustment to state funding simply by changing the instructions to the Grants Commission, but given its decision to not support the recommendation, it appears content to leave arrangements in place which appear to build in a structural incentive for institutions to underprovide medical services to inmates. This is poor policy.

A second set of recommendations relate to place based service provision. The Commonwealth has supported them in principle, making the comment:
Further consideration of implementation details is required, including clarifying the role of the Commonwealth and NT Governments.
The importance of place based service provision has been widely appreciated amongst policymakers for more than two decades, but it has been consistently honoured in the breach by the Commonwealth, perhaps the most obvious example being the slow or non-existent progress of the government’s Empowered Communities strategy. The Government’s ‘in-principle’ support for this recommendation provides very little assurance that anything will change in the near future. Again this prevarication is poor policy.

Finally, there are a series of recommendations on evaluation, ostensibly a major priority of the Commonwealth. So recommendation 43 includes:
43.1 Specific evaluation plans be established as a mandatory component of policy and program development, and as a means of assessing effective implementation of the Commission’s recommendations.
43.2 Outcomes from evaluation be used to establish a local evidence base to support the existence and funding of policies and programs.

The Government’s response is

Support in-principle, subject to further consultation.  Further consideration of implementation details is required for each of these recommendations. Some data collection and analysis would require agreement of all states and territories, and would need to be aligned with existing projects.

This is plainly so heavily caveated as to be meaningless. If the Commonwealth was serious about national leadership and coordination (as mentioned in their media release), they would cut through these sorts of issues and commit to action. Instead, the gap between rhetoric and substance appears to be as wide as ever. A suggestion which appears to be good policy is being lined up for subversion and non-implementation once the spotlight of attention moves on.

There is much more which might be examined and analysed, but the drift is clear. After establishing the Royal Commission, funding it to the tune of over $50m, one would hope that the Commonwealth Government would give serious attention to responding with substantive proposals for changing the system which led to the royal commission in the first place. Instead, we get prevarication and obfuscation, disguised as concern and attention to detail.

If the Government were serious about addressing these issues, they would commit to establishing a parliamentary committee to be established in a year’s time to examine progress in implementing the Royal Commission’s recommendations.


The lack of transparency in the Indigenous affairs policy domain is a major contributor to community misunderstanding, raised and dashed expectations, and poor policy and program effectiveness. It is easily fixed, but potentially politically inconvenient. Fixing it would require real national leadership.

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