Legislation to lower the age of criminal responsibility to 10 has passed Northern Territory parliament, despite experts arguing it will only further the Territory's incarceration crisis.
Despite fervent opposition from legal, medical, human rights and Indigenous experts, the Criminal Code Amendment Bill 2024 passed on Thursday evening, reversing the decision by the previous Labor government.
The CLP argued "ignoring" 10- and 11-year-olds who commit serious crimes "was not the answer to turning around their lives or protecting the wider community" with Chief Minister Lia Finocchiaro arguing the previous approach under Labor meant it was "almost certainly the destiny of these kids to end up in an adult correctional facility".
"By lowering the age of criminal responsibility, we can intervene earlier in a young person's life and provide them the support they need to turn a new page, and start a better journey of skills training, including in our promised two new youth boot camps in Darwin and Alice Springs," Mrs Finocchiaro said.
Evidence shows the earlier a child is exposed to the criminal justice system, the higher their chances are of reoffending and making the community less safe.
The NT has the highest youth incarceration rate in the country—nearly all of them Indigenous.
On the eve of the legislation passing, Labor leader Selena Uibo said it was a "dark day" for the Territory, which would only further criminalise children, without any benefits for the community.
"To think that the government of the NT believes the best way to support a 10- or 11-year-old who gets themselves in trouble [is locking them] up in a cell," Nunggubuyu and Wanindilyakwa woman said.
A new report last week from the Northern Territory 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.
The Labor leader also highlighted the CLP's apparent hypocrisy, noting the 2017 Royal Commission which called for the age of criminal responsibility to be raised to 12 was called for by Liberal Prime Minister Malcolm Turnbull, and Country Liberal NT Chief Minister Adam Giles.
"They picked the terms of reference and picked the commissioners, but when it came to accept the recommendations, such as this one, backed up by frontline experts, it was a step too far," Ms Uibo said.
Independent MP, Yingiya Guyula, said on Thursday he was "disappointed to be a part of this Parliament that is lowering the age of criminal responsibility today".
"Today I am reminded of the history of massacres on our country where guns and force were used to kill our people. Now it is laws like this one that continue to oppress us," he said.
"This government will lock up children who are so young they don't know what they are doing yet, and these children will be scarred and traumatised for life by a government who have taken them from their country and culture."
Fellow Independent, Justine Davis, said it was "a bad day for democracy in the Northern Territory".
"If this law passes, we will not be the only country in the world that treats 10-year-olds as criminals, instead of children," she said.
"But, to my knowledge, we will be the only country that raised the age based on evidence, did not evaluate the impact, and then chose to lower it again."
Earlier on Thursday, Ms Finocchiaro refused to meet with paediatricians to discuss the bill, arguing their concerns had been noted but hadn't been successful in swaying the government.
She said she would "much prefer" the doctors spend time with "children that need them" rather than in her office.
Corrections Minister Gerard Maley said "no one wants to see kids locked up".
"But when 10 and 11-year-olds commit serious crimes, including violent threats to people's lives and armed robberies, they must be held accountable," he said.
In August, the National Children's Commissioner said 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.
New Attorney-General Marie-Clare Boothby said the NT was sick of being told what to do by "do-gooders down south" and rather than criticise the CLPs policy, "work with us to make parents accountable for their children".