NT youth crime laws fail children and the community

National Children’s Commissioner Anne Hollonds said the passing of legislation in the Northern Territory that will see children as young as 10 years old jailed is a failure of all the support systems that should be helping these children.   

“This is a very sad day. Instead of strengthening the education, health, family support and child protection systems, the Northern Territory government has chosen to criminalise young children with disabilities, learning problems, mental health issues, and poverty. And the Commonwealth government remains silent,” Commissioner Hollonds said. 

“I have been told by some members of parliament ‘there’s no votes in children’, that is, there’s no electoral benefit in standing up for children’s rights. However, in the states and territories, there are votes to be won by sounding ‘tough on crime’, even when these approaches are not based on the evidence of what will prevent crime by children.  

“Criminalising children is not ‘early intervention’ and it will not make communities safer. The evidence shows that the younger a child comes into contact with the criminal justice system, the more likely it is that they will go on to commit more serious crimes.”  

The evidence shows that addressing the root causes of offending by children is what works to prevent crime by children. This means we must have support systems that meet the needs of children such as appropriate education, healthcare (addiction and mental health services), housing and family support.  

Commissioner Hollonds said the laws are contrary to the NT’s obligations under the Closing the Gap National Agreement and will have a heavy impact on First Nations communities. 

“Alongside many other child rights advocates I have urged the Commonwealth government to step up and show leadership on child wellbeing. Despite having ratified the United Nations Convention on the Rights of Child there is no accountability for the human rights and wellbeing of Australia’s most vulnerable children,” Commissioner Hollonds said. 

“This must change. Our most vulnerable children are being let down by all levels of government.” 

The Australian Human Rights Commission’s report ‘Help Way Earlier!’ How Australia can transform child justice to improve safety and wellbeing tabled in parliament last month makes 24 recommendations offering a roadmap for reform that increases community safety and keeps our kids out of prison.  

Read our earlier statement urging the NT government not to lower the age of criminal responsibility. 

ENDS | Media contact: media@humanrights.gov.au or 0457 281 897