Northern Territory to become first Australian jurisdiction to raise age of criminal responsibility

Giovanni Torre
Giovanni Torre Published October 13, 2022 at 11.14am (AWST)

The Northern Territory is set to become the first Australian jurisdiction to raise the age of criminal responsibility, which the government plans to lift from 10 to 12.

Advocacy groups have long campaigned for the age of criminal responsibility to be lifted to 14 nationwide, in keeping with the recommendation of the United Nations Committee on the Rights of the Child.

NT Attorney-General Chansey Paech, an Eastern Arrernte man, introduced the legislation to parliament on Thursday.

Amendments to the Anti-Discrimination Act were also introduced to the Legislative Assembly including anti-vilification measures and a positive duty to eliminate discrimination, sexual harassment and victimisation.

The Territory government has also flagged plans to reform mandatory sentencing.

When he was appointed as the Territory's top law officer in May, Mr Paech identified reducing Indigenous over-representation in the criminal justice system as a top priority.

The Attorney General said the evidence was clear that putting children under 12 in contact with the justice system did not reduce the likelihood of them re-offending.

"In fact, it is more likely to increase behavioural problems and offending," he said.

The legislation will be debated in November and is expected to come into effect in 2023.

Instead of going into the criminal justice system, the NT Police and the Territory Families department will refer children under 12 and their families to parenting programs, and various schemes and family support services will be expanded.

Central Land Council chairman Robert Hoosan said the move was long-overdue.

"Lifting the age of criminal responsibility to 12 years of age means that the cruel practice of jailing 10- year-old children ceases," he said.

"I hope the next NT budget will back this important reform with the resources for prevention, therapy and diversion needed to make it a success."

Mr Hoosan said the planned repeal of mandatory sentencing for some offences was also welcomed.

"This reform will make the Territory a fairer and safer place if it is backed by effective and well-funded behavioural change programs," he said.

Aboriginal Medical Services Alliance NT chief executive John Paterson said the news was a welcome first step to further raising the age in the future.

"APO NT commits to working with the government on better, therapeutic options for young offenders, to support our youth, and see the age of criminal responsibility ultimately raised to 14 years of age," he said.

The Northern Territory has the highest incarceration rate of any Australian jurisdiction, and the second-highest Indigenous incarceration rate after Western Australia.

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