NT government changes to police diversion to impact up to 66% of charges against young offenders

An NT police program could be severely cut back under youth justice changes. See why victims’ advocates and crime prevention experts have to say.

Protesters gathered in front of Parliament House on Wednesday to protest the potential lowering of the criminal age of responsibility in the NT. Picture: Pema Tamang Pakhrin

Two thirds of charges against at-risk kids could strip them of the opportunity to take part in diversion programs under changes to the Youth Justice Act.

Victims’ advocates, diversion program providers and community organisations have called on the NT government to abandon its plan to remove police diversion as an option for 13 “prescribed offences”, claiming that children and victims would be harmed and crime rates would rise if the successful program was scaled back.

Earlier this month, Chief Minister Lia Finocchiaro announced changes to the Youth Justice Act removing discretionary police powers to divert young offenders from the courts.

The 13 ‘prescribed offences’ include riot related charges, violent act causing death, recklessly endangering serious harm, negligently causing serious harm, hit-and-run, dangerous driving during pursuit, assaults on workers, police or with the intent to steal, robbery, burglary, using a stolen motor vehicle and making off without payment.

During the election the CLP campaigned on making diversion programs “mandatory, not optional”, however an analysis of the past nine months of court data suggests the majority of kids would be cut off from diversion under these changes.

NT Children’s Court Lodgements between July and March suggest that up to 66 per cent of all charges against kids fall broadly within the 13 'prescribed offence' categories which will deem them ineligible for diversion.

NT Children’s Court Lodgements between July and March suggest that up to 66 per cent of all charges against young offenders fall broadly within the 13 prescribed offence categories.

A quarter of all charges against young people were for assault allegations with 328 charges, a fifth were for theft with 234 alleged incidents while burglary and robberies made up 7 per cent — 91 — of all allegations against young people.

Darwin lawyer Jenna McHugh said “a large majority kids” would be impacted by the changes, with children as young as 10 to be cut off from the diversion program.

“Many first offenders come before the court and then they’re referred to diversion and they complete it successfully and we never see them again,” Ms McHugh said.

“It could be a10-year-old getting into the car of an older sibling or friend that has stolen a vehicle — that 10-year-old is a great vehicle for diversion, but now they will have to come before the court.”

The latest available NT Police data said 80 per cent of the children who went through diversions did not go on to reoffend — completely flipping the rates of kids in prison where 70 per cent returned to a cell within 12 months, according to the Productivity Commission.

The government did not respond to requests to provide its modelling for the proposed police diversion changes.

Corrections Minister Gerard Maley said diversion reforms were aimed at ‘breaking the cycle of repeat offending and keeping the community safe’.

“We will hold youth offenders and parents accountable for criminal behaviour, and we are focused on dealing with the root causes of crime,” Mr Maley said.

“The changes to prescribed offences mean police no longer have to return (children) home after they allegedly commit a serious crime; police can proceed straight to charging them.”

Chief Minister Lia Finocchiaro and Deputy Chief Minister Gerard Maley address the media in the wake of the announcement that NT police Commissioner Michael Murphy had been asked to resign. Picture: Pema Tamang Pakhrin

Mr Maley said the latest budget allocated $4.2m to Youth Diversion Programs — which now have a “mandatory requirements for young people to complete” — with $3m set aside for the “youth boot camp”.

However coalition of Northern Territory community organisations and leaders said any limits to diversion would create worse rehabilitation options for at-risk children and cut victims out of healing process.

Victims of Crime NT chief executive Gerard McGeough said restorative and diversion programs allowed victims to be “active participants in the justice process”.

“(It) not only improves their ability to recover and heal, but also instils a greater sense of trust in law enforcement and the judiciary,” Mr McGeough said.

Victims of Crime NT chief executive officer Gerard McGeough. Picture: Supplied.

Another diversion provider, Jesuit Social Services said the changes would “condemn more children to detention” and increase their likelihood of reoffending.

“Diversion … helps children to remain connected with family, education and the community and be supported towards positive pathways — it is vital that these are retained and adequately resourced,” NT Senior Manager Clare Horsfall said.

The latest NT Budget revealed that only 30 per cent young people were offered a police diversion program in 2024-35, following years of declining acceptance rates.

It also confirmed a 27 per cent spike in the number of receptions into youth justice facilities, going from 939 last year to 1200 in 2024-25.

Originally published as NT government changes to police diversion to impact up to 66% of charges against young offenders