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UNICEF Australia concerned about proposed changes to justice laws  

UNICEF Australia is concerned about the proposed changes to justice legislation in the Northern Territory (NT), including lowering the age of criminal responsibility to 10 years and reintroducing spit hoods to restrain children.

These changes are inconsistent with Australia’s commitments to protecting and promoting the rights of children and are likely to negatively impact young children, many of whom are already vulnerable.

Children who encounter the justice system commonly experience significant economic and social disadvantage and can face significant developmental, psychological and physical challenges that can be better addressed by services outside of the criminal justice system. Relying heavily on incarceration may not address these underlying issues and may risk reinforcing them.

Incarceration also increases the likelihood that children reoffend and remain within the criminal justice system, impacting their long-term wellbeing and re-integration to society. To protect against these risks, the Convention on the Rights of the Child, ratified by Australia in 1990, states that arrest and detention of a child must be the absolute last resort, and for the shortest appropriate amount of time.

Efforts to uphold community safety should uphold the best interests of the child. Community-based preventative and diversionary programs offer viable alternatives that protect against potential risks associated with incarceration and support positive outcomes for children and communities. Such programs have proven effective in reducing offending, improving community safety and providing opportunities for reintegration into families and communities.

Globally, the median age of criminal responsibility is 14 years, placing Australia well behind the international standard in this regard. The Committee for the Rights of the Child (CRC) has urged Australia to raise the minimum age of criminal responsibility to an internationally accepted level, adhering to the upper age of 14 years.

The United Nations Subcommittee for the Prevention of Torture has also condemned the use of spit hoods and recommended that Australia "take all necessary measures to end the use of spit hoods in all circumstances, across all jurisdictions", a recommendation we support.

We are also particularly mindful of the potential disproportionate impacts on Aboriginal and Torres Strait Islander children who are overrepresented in the NT justice system. We urge the NT Government to consult with Indigenous organisations as a matter of priority on this.

We believe that investing in evidence-based, community-led programs that support children and address the root causes of youth offending, can lead to more sustainable outcomes which more effectively balance the wellbeing of children and the needs of the broader community.

16 October 2024