New youth justice Bill doubles down on failing approach

• Today the NSW Government urgently introduced the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025 to NSW Parliament.
• In October, the recommendations of the Independent Review of the operation of doli incapax in NSW were released. Read the review and media release.
• Doli incapax is the legal presumption that children under 14 lack capacity to be criminally responsible.
• The review recommended codifying doli incapax in law and emphasised supporting diversions pathways away from the justice system for children: but raising the age of criminal responsibility was excluded from its terms of reference.

Quotes attributable to Jonathon Hunyor, Justice and Equity Centre CEO

‘The NSW Government commissioned an Independent Review into doli incapax. The Review was clear: supporting children early works for kids and community safety and is more cost effective than arresting them and locking them up. But today’s Bill largely ignores the expert advice and doubles down on a failing approach.’

‘If this Bill is passed, it will mean more children are churned through the system – including being sentenced to jail time. We know this does not reduce crime or make communities safer. Instead, it sets kids on the path to future offending.’

‘In NSW, we lock up children as young as ten. That is too young. The NSW Government needs to get serious about real solutions. They need to raise the age of criminal responsibility to at least 14 and invest in programs and services in the community that address causes of offending.’

Jonathon is available for further comment.

The Independent Review’s findings

The Independent Review found that interactions with police and courts can set young children ‘on a downward trajectory and increase the likelihood of reoffending, which could be avoided through earlier intervention.’ (p. 78)

‘Instead of exposing a child to the criminal justice process, we consider that diverting them from that process, and engaging them in diversion processes or therapeutic interventions, could provide a more constructive and cost-effective approach.’ (p. 3)

Media contact:
Communications Coordinator Seamus May: 0478 739 280