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Legal organisations raise alarm over new ‘retrograde’ NT laws
The Law Council of Australia and the Law Society of Northern Territory have expressed strong opposition to the recently implemented laws in the Northern Territory, asserting that these measures are “inconsistent with Australia’s international human rights obligations”.
Grace Robbie
Last week, the Northern Territory government announced a suite of new laws designed to enhance public safety and reduce crime throughout the territory. These measures include strengthened bail laws, mandatory minimum sentences for assaults against workers, and specific offences targeting ram raids and posting and boasting online.
One significant change introduced by the Northern Territory government to Parliament is the proposal to lower the age of criminal responsibility from 12 to 10, meaning that children aged 10 to 17 will be held criminally accountable under the law.
Since she was elected Chief Minister of the Northern Territory, Lia Finocchiaro has outlined her ambitious plans to reform youth justice by proposing reducing the age of criminal responsibility.
The recently proposed laws by the Northern Territory have raised significant concern and alarm among legal experts and organisations, which warn that these measures may have far-reaching implications for public safety.
The Law Council of Australia and the Law Society of Northern Territory raised their concerns regarding these laws, arguing that they are “inconsistent with Australia’s international human rights obligations”. They further contend that these measures are “likely [to] result in First Nations children being detained in even greater numbers”.
Richard Henschke, president of the Law Society Northern Territory, described the new laws as a “retrograde step” that ignores both logic and the realities facing vulnerable children.
“These laws, which include lowering the minimum age of criminal responsibility to 10, are a retrograde step which flies in the face of reason and will simply place vulnerable children – many of whom are themselves victims of crime and neglect – on a pathway to more offending,” Henschke said.
Henschke expressed that despite the government’s claims that incarceration offers a path to rehabilitation, the overwhelming evidence shows that locking up children does not enhance community safety and instead inflicts lasting harm.
“There is overwhelming evidence that locking children up does not make our community safer and seriously harms the children concerned.
“In passing these bills, the new government spoke of jail time as being an opportunity for rehabilitation, but these laws appear to only focus on punishment, not addressing the disadvantage a child might face and helping them to turn their lives around,” Henschke said.
The two legal organisations argue that the new legislation’s lack of specific provisions for rehabilitation, coupled with the reduction in the minimum age of criminal responsibility, contradicts Australia’s obligations under the UN Convention on the Rights of the Child and Article 10 of the International Covenant on Civil and Political Rights, both of which Australia has ratified.
These concerns are further underscored by alarming statistics revealed by Greg McIntyre, the president of the Law Council of Australia.
“We are particularly worried about the impact these changes will have on First Nations children.
“The Northern Territory already has Australia’s highest rate of child imprisonment, and 94 per cent of 10-13-year-olds in detention in the Territory are First Nations children,” McIntyre said.
“The changes also walk back recommendations from the 2017 Royal Commission into the Protection and Detention of Children in the NT, including with respect to bail being available for young people unless exceptional circumstances exist.”
Henschke said: “More and more people, including children, are being detained for longer periods on remand while they await trial. This should not be the default position as it is contrary to the presumption of innocence. It will also increase the need for cells and detention centres to be funded from taxpayer dollars.”
In response, the Law Council of Australia and the Law Society of Northern Territory have contacted the Chief Minister, emphasising that increased funding for the legal assistance sector will more effectively address crime reduction across the Northern Territory.
“We have recently written to the Chief Minister regarding the urgent pressures on our justice system and the need to appropriately fund our legal assistance sector. These changes will only exacerbate the potential for additional stresses, costs and injustices,” Henschke said.
McIntyre also said: “The issues plaguing our youth justice system are unfortunately not confined to the Northern Territory.
“The Law Council and Law Society NT want to see serious national change in the area of child justice. A rights-based approach, focusing on children’s wellbeing and diverting children from the criminal justice system, is the only way forward.”
