NT Government urged not to lower age of criminal responsibility
Children's Rights
The National Children’s Commissioner, Anne Hollonds, and the Aboriginal and Torres Strait Islander Social Commissioner, Katie Kiss, have urged the Northern Territory Government to reverse its plan next week to introduce a new law to lower the age of criminal responsibility from 12 to ten years.
The Commissioners have again warned that a ‘tough on crime’ approach will in fact contribute to an increase in criminal activity, rather than address the root issues of offending by children by focusing on education, healthcare and family support.
National Children’s Commissioner Anne Hollonds said: “We all want to live in safe communities, but this plan by the NT Government goes against what all the evidence has shown we need to do to achieve that. It is absolutely critical that they reconsider.
“The younger a child comes into contact with the criminal justice system, the more likely they will go on to commit more serious and violent crimes. Lowering the age of criminal responsibility to 10 years will not make communities safer, it will only see rates of child offending increase. These are primary school age children, and harsh, punitive responses are not the answer.
“The fact that this new law will be brought to the NT Parliament clearly shows its government has misunderstood the problem and solutions based on evidence. It also shows the other systems meant to help children with complex needs, and their families, such as health and education, have failed.
“I urge the NT government to read our landmark report tabled in the Australian Parliament last month, ‘Help Way Earlier!’ How Australia can transform child justice to improve safety and wellbeing. Our 24 recommendations offer a roadmap for reform that increases community safety and keeps our kids out of prison. Prevention and early intervention to address the drivers of offending by children is the only way we can achieve better outcomes for all.”
Social Justice Commissioner Katie Kiss said: “Lowering the age of criminal responsibility condemns First Nations children to a lifetime of abuse, deprivation and disadvantage. Our children are disproportionately affected by the failing ‘tough on crime’ approach, which only serves to perpetuate racial profiling and negative stereotyping.
“The NT’s proposed laws, which will combine reducing the age of criminal responsibility with the reintroduction of ‘nuisance’ public drinking measures, will have a significant impact on First Nations children in the child justice system and their families. It also undermines the NT Government’s commitments under the national Closing the Gap agreement.
“Instead of finding positive solutions, we are instead criminalising First Nations children, and children with disabilities, learning problems and mental health issues. The consequences for us all if this practice continues is dire.
"Recent tragedies and deaths in custody and the child protection system clearly show that current approaches are not working. Kids need care, love and support so they can shake off generational disadvantage, have hope for their futures and feel they are valued and belong.
“I hope the NT Government heeds our call, listens to the experts and puts the futures of our children front of mind. We stand ready to offer our support in any way.”
ENDS | Media contact: media@humanrights.gov.au or 0457 281 897