Two Australian Human Rights Commissioners have called on the Northern Territory government to reverse their plans to lower the age of criminal responsibility, arguing it will not help community safety and only entrenched disadvantage.
The newly elected CLP government have promised to lower the age of criminal responsibility to 10, and enact a series of new laws focussed on youth offenders, arguing it is part of their election mandate.
"That's why we're lowering the age of criminal responsibility to 10 so that young people can be held accountable and that appropriate consequences for their age are delivered, such as boot camps," Chief Minister Lia Finocchiaro said in August.
In September, when confronted with reports the majority of medical, human rights and legal experts disagreed with her party's move, the Chief Minister said: "What I will say to the people who are creating a scare campaign over this issue is to be more responsible with the information."
On Friday, National Children's Commissioner, Anne Hollonds, and the Aboriginal and Torres Strait Islander Social Commissioner, Katie Kiss, said the NT government's 'tough on crime' approach would in fact contribute to an increase in criminal activity.
They said attention needed to be paid to addressing the root causes of child offending by focusing on education, healthcare, and family support.
"Lowering the age of criminal responsibility condemns First Nations children to a lifetime of abuse, deprivation and disadvantage," Commissioner Kiss said.
"Our children are disproportionately affected by the failing 'tough on crime' approach, which only serves to perpetuate racial profiling and negative stereotyping."
Her comments come after Productivity Commissioners Natalie Siegel-Brown and Selwyn Button wrote in The Australian last month that the decision to lower the age was "actively putting the truck in reverse".
"Why now step so far backwards, after finally making a step forward [the previous Labor government raised the age to 12]? Especially after the compelling Northern Territory Royal Commission," they said.
Commissioner Kiss said lowering the age, along with new 'nuisance' public drinking laws, would have a detrimental impact on First Nations children as well as undermine the territory's commitment to Closing the Gap.
"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," she said.
A new report by the NT Child Commissioner found every child under 14 in youth custody in the NT had an interaction with Child Protection—94 per cent had been exposed to domestic and/or family violence.
Commissioner Hollonds highlighted her own report, Help way earlier!': How Australia can transform child justice to improve safety and wellbeing, which argues the treatment of children as young as 10-years-old in the criminal justice system is one of the most urgent human rights issues facing Australia today.
"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," she said.
"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."
She argued the NT government had misunderstood the problem and the solutions based on evidence.
"Prevention and early intervention to address the drivers of offending by children is the only way we can achieve better outcomes for all," Commissioner Hollonds said.
Commissioner Kiss said the recent deaths in out-of-home care and youth detention showed the current approach was 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," she said.
"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."