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The Northern Territory children’s commissioner has resigned over controversial changes to child protection laws, saying the Finocchiaro government had “sidelined” her in going ahead with amendments that are strongly opposed by First Nations organisations, human rights groups and legal advocates.

Shahleena Musk was appointed to the role in December 2023. In a resignation statement posted online onThursday night, the Larrakia woman said her position was now untenable.

“In particular, I have been unable to support the NT Government’s approach to substantial and wide-reaching changes to child protection laws,” she said.

“In my view, reforms of this significance must be grounded in evidence, informed by those with frontline experience, and developed through genuine consultation with experts, independent institutions and frontline organisations established to protect children and promote accountability.

The NT government announced sweeping changes to the territory’s child protection laws in May, in the wake of the alleged kidnapping and murder of Kumanjayi Little Baby in Alice Springs in April. The man charged with the five-year-old’s death did not have a family or domestic relationship to her or her parents.

The new laws would replace the Aboriginal child placement principle – a foundation of the national response to the Stolen Generation, which prioritises keeping Indigenous children in Indigenous families and community – with what it calls a “universal principle”. The draft laws say a child “must be removed … if there is a significant and likely risk of harm to the child” and that, as far as practicable, they should be placed in “close proximity” to their family.

Musk said her decision was not made lightly, but she could not support laws that could erode protections around kinship placement.

She accused the Northern Territory government of failing to effectively consult her office.

“My role exists to provide independent advice, scrutiny and advocacy on behalf of vulnerable children and young people,” she said. “Excluding or diminishing that role weakens the safeguards that Territorians rightly expect within our child protection system.”

Musk wrote that she was also “increasingly concerned by trends that suggest a reduced commitment to transparency, accountability and evidence-based decision-making in the NT”.

“Independent statutory offices play a vital role in ensuring good governance,” she added. “They are not obstacles to reform; they are essential mechanisms … Undermining these institutions risks weakening the checks and balances that underpin democratic government.”

The national Indigenous children’s commissioner, Sue-Anne Hunter, said the loss of her territory counterpart was “dire” and criticised the jurisdiction for a “lack of care and accountability”.

“These circumstances are dire. There is no other way to put it,” Hunter said. “This is evident now more than ever in the NT. Our children are the ones dealing with the consequences. We need systemic reform, and we need our governments to listen to us.”

The NT minister for child protection, Robyn Cahill rejected Musk’s claim that she had been sidelined, saying they had met with the commissioner several times before the legislation was introduced. In a statement, Cahill also said Musk was stating her expertise was “not the only person entitled to be heard”.

“The Foster and Kinship Carers Association NT represent the Territorians who open their homes to these children and raise them, and it strongly backs this reform,” Cahill said.

“If Ms Musk were genuinely concerned about this, then the last thing she would be doing is walking away. My focus has never wavered. Every Territory child deserves to be safe, and that is the test I apply to every decision I make. If a person in a role like this will not put children’s safety ahead of everything else, then it is right that they move on.”