Territory raise the age legislation comes into effect, but advocates call for more support
New laws that come into effect in the Territory today that expunge the criminal records of children under 12 do not go far enough, advocates say. Read what they want to see happen now.
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The Territory has become the first place in Australia that no longer sends primary schoolers to jail, but advocates are calling for more to prevent wayward kids being locked up.
As of August 1 Territory children aged 10 and 11 are no longer considered criminally responsible for offences, meaning they cannot be arrested, charged or sentenced for their actions.
Children with prior criminal records will have their records expunged, with diversion programs in place for the young offenders.
Last week, Territory Families Minister Kate Worden said less than 1 per cent of all kids in detention were under 12, with 10 and 11 year-olds responsible for only 3 per cent of all youth offending.
Ms Worden said since 2017, 20 kids under 12 were put into detention, and there were zero 10 or 11-year-olds in Don Dale or Alice Springs Youth Justice Centre when the changes came into effect.
Ms Worden said the Territory had invested $5m for two years to support On the Right Track program, to work with children under 12 in Darwin, Alice Springs, Katherine and Tennant Creek who engage in “concerning behaviour”.
“(And) officers will be supported to travel to communities where there may be an increase in offending among 10 and 11 year olds,” she said.
A NT Courts spokesman said 1375 files related to kids under 12 comitting crimes were officially expunged on Tuesday, with the criminal records going back to 1984.
But the acting NT Children Commissioner had called for the government to raise the age to 14.
Nicole Hucks said the evidence showed the earlier a child was introduced to youth detention, the more likely they are to become entrenched in the criminal justice system.
“Exposing children to the detention environment does not address the causes of their offending behaviour,” Ms Hucks said.
In 2017 the Don Dale Royal Commission recommended the age of criminal responsibility should be raised to 12, and for no kids under 14 go into detention except in cases of the utmost criminal seriousness.
Territory Families data said in the six months from October to March, 28 children under 14 were in detention.
Ms Hucks called for better resourcing of place-based programs and services for children and their families, and for the government to ensure basic needs such as housing and food security were met.
Given the high rates of Aboriginal over-representation, Ms Hucks also called for the development of an Aboriginal Youth Justice Strategy to reach the 2031 Closing the Gap target to reduce in the rate of Aboriginal in youth detention by 30 per cent.
The Human Rights Law Centre, Northern Territory Legal Aid Commission, NAAJA, NTCOSS, Jesuit Social Services, Change the Record and Danila Dilba have all echoed these calls.
The coalition pushed for more services and early intervention to support for families and children, clear referral pathways, Aboriginal-led services for culturally-appropriate and holistic responses, and for Territory Families to commit to “rigorous and transparent monitoring” of diversion programs.
NTCOSS chief executive Stephanie Kelly said the solution was early intervention services to “wrap children and families up in supports that disrupt any future contact with the justice system”.
While welcoming the changes, Change the Record national director Maggie Munn called for more action to fix a system that was failing Aboriginal and Torres Strait Islander kids.
“They are being denied their childhoods, a chance to learn from their mistakes and even their rights to fresh air and sunlight,” they said.
NAAJA principal legal officer Nick Espie said legislative changes needed to be complemented by culturally responsive services and support in their communities.
“Most Aboriginal kids forced through the NT criminal legal system at a young age are living with unmet health, disability and trauma needs,” Mr Espie said.
“These kids deserve better, not simply made to navigate complex systems that fail them.”
The Territory Families Model of Care said up to 75 per cent of children in the youth justice system were reported to have one or more psychiatric disorders, while behavioural disorders such as foetal alcohol spectrum, autism spectrum disorders and ADHD were “widespread”.
“Most young people (are) expected to have at least one neurodevelopmental impairment,” it said.
Amnesty International Australia’s Indigenous Rights Campaigner Kacey Teerman said without meaningful change to make sure detention remained a “last resort”, the Territory was still continuing its “immoral, harmful policy of child incarceration”.
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