Children as young as 10 can once again be jailed in the Northern Territory (NT), after the government lowered the age of criminal responsibility.
Australian states and territories have been under pressure to raise the age of criminal responsibility from 10 to 14, in line with advice from other developed countries and the United Nations.
Last year the Northern Territory became the first jurisdiction to raise the rate to 12, but the new Liberal National Party government elected in August said a reversal was needed to reduce youth crime rates.
He argued that returning the age to 10 would ultimately protect children – although doctors, human rights organizations and indigenous groups dispute that logic.
They say research indicates the laws will not reduce crime and will disproportionately affect Aboriginal and Torres Strait Islander children.
The NT already imprisons children at a rate 11 times higher than any other jurisdiction in the country, and almost all of them are Indigenous.
The territory's new government says it has a mandate after a landslide election victory following a campaign that promised to be tougher on crime.
He argues that being able to criminalize younger children will help deter them from future crime.
Many parts of Australia have reported struggling with a youth crime crisis, and a series of violent incidents this year has prompted a series of youth curfews in the town of Alice Springs, in slow.
Chief Minister Lia Finocchiaro said her government had been given a mandate to act by voters and the change would allow courts to “intervene” in the lives of young offenders and subject them to programs designed to tackle to the root causes of their crimes.
“We presented in the election a very clear plan to lower the age of criminal responsibility so that we can stop these young people earlier, understand what is happening and change their lives,” she said on Monday.
The NT Government will also tighten bail rules.
“We make no apologies for keeping our electoral commitment to secure the territory.”
However, research globally and in Australia has shown that incarcerating children makes them more likely to reoffend and often has dire consequences for their health, education and employment.
Earlier this year, a report by the Australian Human Rights Commission – an independent federal agency – found the policy was driven “by populist 'tough on crime' rhetoric” and that governments should instead reinvest money spent on incarcerating children in support services.
As the NT parliament debated the bill on Wednesday, around 100 people gathered outside to protest, some holding placards. One of them said: “10-year-old children still have baby teeth.” Another said: “What if it was your child? “.
Northern Territory Children's Commissioner Shahleena Musk, a Larrakia woman from Darwin, told the BBC there was “structural racism at work in the Northern Territory's youth justice system”.
She said Indigenous children are less likely to be cautioned, more likely to be charged and prosecuted in court and more likely to be remanded in custody than non-Indigenous offenders.
“I recognize that people are afraid in our communities and that crime is a big part of the media and social media,” she said.
“But if we rely on the evidence and start addressing the root causes of crime, we will have fewer young people repeat offenders… We should not see these children end up in a juvenile justice system that is harmful, ineffective and only worsen the very problems we are trying to change.
Supporters also fear the laws could dampen momentum towards raising the minimum age of criminal responsibility in other states and territories.
Only the Australian Capital Territory has raised the age of criminal responsibility above 10, but Victoria has passed legislation to do so, which will come into force next year. The Tasmanian Government has announced it will increase this age to 14 by 2029.
