Key Points
- The age of criminal responsibility is set to be lowered to 10 in the Northern Territory.
- Incoming Chief Minister Lia Finocchiaro said young people need to be "held accountable".
- Advocates have warned jail time for 10-year-olds could be disastrous and are calling for a different approach.
The Northern Territory Country Liberal Party (CLP) government is being urged to consider the evidence before for 10-year-olds.
Laws to raise the age from 10 to 12 were passed in the NT parliament in 2023, but with a landslide election win on a platform of curbing crime, the CLP has the people's mandate to change that.
"We think it's a disaster for the Northern Territory and for young Aboriginal kids in particular," North Australian Aboriginal Justice Agency (NAAJA) principal lawyer Jared Sharp told SBS News.
"We will see 10-year-olds in prison, and this is not the way for any civilised society to be going forward."
Sharp said when it comes to locking up children, governments need to rely on research rather than popular politics.
"Only 12 months ago, [the age] was increased from 10 to 12, we haven't seen any evaluations or reviews," he said.
"We would urge the incoming government, before they make such a drastic change, to have a parliamentary inquiry so that all of the unintended consequences could be properly considered before rushing to do something which could have really devastating consequences for the most young and vulnerable kids in our community."
CLP leader Lia Finocchiaro is set to swear in her new ministry this week and has set a date for the first meeting of the Legislative Assembly in October.
Lia Finocchiaro led the Country Liberal Party to a landslide victory in the Northern Territory and has vowed to lower the age of criminal responsibility. Source: AAP / Amanda Parkinson
"We support the legislation to make sure people are held responsible for committing criminal acts," NTPA president Nathan Finn said.
"We want to see consequences for actions and that’s all that the chief minister is talking about is making people [have] consequences for their actions and making sure we (are) dealing with it in appropriate ways."
But professor Fiona Stanley, founding director of the not-for-profit Telethon Kids Institute, said these policies could increase crime.
"If you want to create a monster, this is the way to do it," she said of jailing children.
If you want to create a monster, this is the way to do it.Professor Fiona Stanley
She said global research shows most young people in the justice system have a neurological disability, and locking them up is inhumane, ineffective and expensive.
"We have the best information in the world on developmental pathways for children and young people. We know these pathways," she said.
"If you intervene early, you can avoid a child ending up in the criminal justice system.
"If you actually had them assessed at the first contact with the police, you would get them diagnosed and would get the appropriate therapeutic programs so that they wouldn't end up in detention."
The Aboriginal medical service that provides healthcare to children in youth detention, Danila Dilba, has urged conservative leaders to reflect on the recent Australian Human Rights Commissioner's — a document that wasn't available when the CLP drafted their plans.
"The evidence tells us that prevention — not punishment — is the key to keeping our kids and the community safe," Danila Dilba CEO Rob McPhee said.
McPhee said poverty and homelessness are major drivers of youth crime in the NT and has called for the CLP to work with Aboriginal organisations in the territory and across Australia.
"What we need is a nationally coordinated, child rights-based approach to reform. This is the key to safer communities for us all," he said.
Advocates say reducing the criminal age will lead to an increase in offending. Source: SBS News / Laetitia Lemke
The , 'Help way earlier! How Australia can transform child justice to improve safety and well-being,' has been supported by doctors with the Australian Medical Association (AMA).
"Prison should not be a rite of passage for any child," AMA president, professor Steve Robson, said.
"The medical evidence is clear … incarceration harms children mentally and impairs their physical development."
The AMA is urging meaningful changes from the government in line with the report’s recommendations.
They say Australia is out of step with the rest of the developed world on this issue and that rates of incarceration for First Nations children are shameful.
