Northern Territory leads the nation by raising the age of criminal responsibility

Giovanni Torre
Giovanni Torre Published December 1, 2022 at 11.39am (AWST)

The Northern Territory's nation-leading raising of the age of criminal responsibility has been welcomed by justice advocates.

On Tuesday NT Parliament passed legislation that raises the minimum age of criminal responsibility from 10 to 12 years of age.

The new laws, which come into effect in the second half of 2023, are part of the Territory government's broader strategy to "break the cycle of youth crime through prevention, intervention, and diversion".

Children aged 11-years-old or younger will be referred to intervention and family support programs instead of criminally prosecuted.

NT Police will continue to investigate offences, and victims of crime will continue to receive assistance through financial compensation; and free counselling, home security assessments, and emergency re-secure services.

Attorney General and Minister for Justice Chansey Paech, an Eastern Arrernte man, said the legislation supports the rights of all Territorians to be safe by breaking the cycle of reoffending.

"We're taking a smarter approach to youth justice so our communities can be safer," he said.

"Our focus is on delivering proven solutions that will benefit of our children, their families and the Territory as a whole."

Indigenous children are radically overrepresented in the Territory's justice system.

When appointed AG and Minister for Justice Mr Paech identified lowering the rate of Indigenous incarceration as one of his top priorities.

The North Australian Aboriginal Justice Agency welcomed the reform.

"For the past two decades the tough on crime approach has failed our communities and our most vulnerable children," NAAJA said in a statement.

"There is a long history of research that identifies early incarceration as a key factor of increased risk of reoffence and increased severity of subsequent offending behaviour. Locking kids up is a sure-fire way of increasing the likelihood of increasing crime rates and in turn creating more victims.

"The reality is that the majority of children aged 10 and 11 in incarceration will not receive a custodial sentence for their offence, and yet are subjected to the trauma we know the loss of liberty inflicts on the human psyche."

NAAJA acting chief executive Mark Munnich noted that opponents of the reform seemed to be operating under the mistaken belief that the first time police arrest a child is the first sign the child is facing challenges.

"The cost of imprisoning one child costs the taxpayers roughly $4600 per day. The government needs to redirect these funds to better resource community-led organisations and initiatives to provide holistic services to improve outcomes for disenfranchised children and their families," he said.

NAAJA backed parliamentarian Mr Yingiya (Mark) Guyula's call for the return of cultural authority to Aboriginal communities for decision-making that impact Aboriginal children's lives.

Mr Munnich called for "governments to reinvest in Aboriginal community leadership to address issues of youth offending, instead of falling back on a failed approach time and time again".

NAAJA, along with many community organisations, has committed to working in partnership with the government over the next two years to see the Territory meet United Nation, international and medical expert standards by raising the age of criminal responsibility to 14.

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