VideoKaren Webb will lead an independent investigation into the NT Department of Children and Families following the alleged murder of five-year-old Kumanjayi Little Baby.

Former NSW Police Commissioner Karen Webb will lead an independent investigation into the Northern Territory’s child protection department following the alleged murder of Kumanjayi Little Baby, as Senator Jacinta Nampijinpa Price warns governments can no longer place “ideology ahead of child safety” for fear of being labelled racist.

On Wednesday, the NT Government announced sweeping reforms to the Territory’s child protection laws and an external investigation into the Department of Children and Families’ handling of Kumanjayi Little Baby’s case.

“Australians deserve honest answers about whether warnings were ignored and whether vulnerable children were left in unsafe situations because adults were too afraid to act,” said Senator Price, who is the little girl’s aunt.

“For too long, honest conversations about these issues have been shut down because people feared causing offence or being labelled racist. That silence has failed vulnerable children.

“Every Australian child deserves safety, stability, love and protection, regardless of their background or where they live.”

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Ms Webb and former CEO of the NT Department of Attorney-General and Justice, Greg Shanahan, will lead the investigation, which is expected to focus on alleged failures in Kumanjayi Little Baby’s case as well as a broader review of the department.

Ms Webb stepped down from her role as NSW’s top cop in September after a 38-year policing career. She has more than three decades of experience in criminal investigations, including work in child protection and domestic violence while Mr Shanahan, a senior NT public servant, has more than 25 years’ experience in the public sector.

Their investigation, which has a three-month deadline, will begin next week.

Kumanjayi Little Baby, as she is now referred to for cultural reasons, was allegedly abducted from a town camp on the outskirts of Alice Springs on April 25. The little girl’s body was found near the dry Todd River bed five days later.

Jefferson Lewis, 47, has been charged with her murder and other offences which cannot be published for legal reasons.

Camera IconKumanjayi Little Baby was found dead after she was allegedly abducted by Jefferson Lewis. Credit: NT Police

The independent investigation comes after revelations that six notifications about the little girl’s welfare had allegedly been made to the Department of Children and Families in the six weeks before her death.

“That is an incredibly difficult reality to live with,” Senator Price said.

“I have been raising concerns about these issues for years alongside many others across the Northern Territory.

“No family should have to lose a child before governments are prepared to seriously confront systemic failures.”

NT Child Protection Minister Robyn Cahill last week revealed three child protection case workers had been stood down in relation to the case.

On Wednesday Ms Cahill announced “landmark” amendments to the Care and Protection of Children Act to centre child safety in the Territory’s child protection framework.

Under the reforms, a new “universal principle” will, for the first time, make child safety the primary consideration — regardless of a child’s background.

The amendments will also include additional requirements relating to Aboriginal children, conditional upon that overarching safety principle being met.

Short-term protection orders will be capped at two years, children will be guaranteed access to independent legal representation and the department will be required to take “active, practical steps” to reunify children with families within tighter time frames.

Family Responsibility Agreements will also be strengthened, with court-enforced measures aimed at improving parental accountability.

Ms Cahill said the reforms were designed to reduce instability for vulnerable children and prioritise safety.

“The ongoing cycle of harm, risk and uncertainty needs to be addressed and the only way to achieve that is to put the basic human rights of a child’s safety before anything else,” she said.

“Under these amendments there will be more consistent support and better outcomes for both children and their families.

“Every child matters regardless of where they come from, their race or religion. I am not prepared to turn a blind eye and abandon another generation of families and children.”

Ms Cahill said the legislation would create a framework for “early but reasonable intervention”.

“Where it is safe to do so we want children with their families, but where it is not, we will act decisively to give children the permanency, stability and care they deserve,” she said.

Senator Price said the true test would be whether the reforms resulted in real change.

“For a long time, too many vulnerable Aboriginal children have been failed by a system that has too often prioritised ideology and placement policies ahead of child safety,” she said.

“The safety, wellbeing and human rights of children must always come first.

“I certainly hope this represents the beginning of genuine change but families and communities have heard promises before. What matters now is whether governments are finally prepared to act decisively and prevent further trauma.”

She also backed stronger intervention powers where children were at risk.

“No child should ever be removed unnecessarily,” she said.

“But no child should remain in dangerous, violent or neglectful environments because adults were too afraid to act.

“What is deeply frustrating for many Territorians is that even now, after the death of a little girl, there are still people at the federal level who seem more comfortable debating ideology and political sensitivities than honestly confronting what has been happening in too many communities for years.”

Camera IconJefferson Lewis, 47, has been charged with her murder and other offences which cannot be published for legal reasons. Credit: NT Police

This comes as NT Children’s Commissioner Shahleena Musk — who previously declined to launch an own-initiative investigation into Kumanjayi Little Baby’s life and death despite calls from Territory ministers — has called for a broader independent inquiry into the child protection system to be led by her office.

Ms Musk and National Commissioner for Aboriginal and Torres Strait Islander Children and Young People Sue-Anne Hunter released a joint statement urging the NT Government to “immediately halt” proposed legislative reforms and instead establish a systemic inquiry.

“I offer my leadership with support of the National Commissioner, who has deep expertise in this space, to lead this independent inquiry,” Ms Musk said.

“This is not just about the child protection system; there are many other systems outside of my legislative remit that are failing vulnerable children and families and must be included within the review.

“Currently, I do not have the resources and legislative powers to undertake a systemic inquiry to the level that it is needed.”

Commissioners Musk and Hunter said the Territory Government should establish a board of inquiry examining not only the child protection system, but also housing, family violence, policing and criminal justice systems affecting vulnerable children and families.

“The NT Children’s Commissioner should be appointed to lead the Board of Inquiry … and have the independence and resourcing to engage experts, researchers and staff to ensure a robust and effective inquiry into interrelated systemic issues,” their statement said.

“It is essential that this work is empowered, adequately resourced and has the authority to compel and access information, to leave no stone unturned in overcoming systemic issues.”

Ms Musk has not responded to further questions from The Nightly.

Ms Hunter said the Aboriginal Child Placement Principle existed because the forced removal of Aboriginal children from family, community and Country had caused intergenerational harm “that this country is still reckoning with”.

“Instead, we need to pause amendments and undertake an independent systems-wide inquiry to fully understand what aspects of current systems need the most immediate attention and whether legislative reform is indeed required.”

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Almost 90 per cent of substantiated child protection cases in the NT involve Aboriginal and Torres Strait Islander children.

SNAICC, the national peak body for Aboriginal and Torres Strait Islander children and families, has urged the NT Government to abandon the proposed legislative changes, warning they risk repeating past mistakes.

CEO Catherine Liddle said reform was urgently needed but warned against “reactive” changes that weakened the Aboriginal Child Placement Principle.

“Connection to kin, community and culture is one of the strongest protective factors for our children,” she said.

“The Child Placement Principle is not red tape. It is a safety framework built on decades of evidence.”

But Ms Cahill said the reforms were not being rushed.

“It’s been a very long time in the making, this piece of legislation — it’s been over a year of work where we’ve spoken to those people on the ground who live with these situations every single day, who are dealing with children who are at risk, dealing with children who are (in) care,” she said.

She said changes to the new legislation would “absolutely not” result in the removal of the Aboriginal and Torres Strait Islander Child Placement Principle but would introduce a universal principle that means “every child’s” culture, background and religion would be “taken into account in the event that they do need to be placed in care”.

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