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Posted: 2024-10-10 08:52:10

The national children's commissioner has urged Northern Territory Chief Minister Lia Finocchiaro to meet with her before introducing controversial laws to lower the age of criminal responsibility next week.

It follows the release of a major report by the Australian Human Rights Commission highlighting evidence that showed sending children to youth detention has been ineffective at reducing youth crime.

Among its 24 recommendations, the report recommended the age of criminal responsibility be raised to 14 years old across the country.

An exterior photo of Parliament House in Darwin. There are large palm trees out the front.

Legislation to lower the age of criminal responsiblity will be introduced into NT parliament next week. (ABC News: Michael Franchi)

It also recommended a more national approach to youth justice, including for the federal government to establish a national task force for youth justice reform, appoint a minister for children and legislate a National Children's Act.

Last year, the Northern Territory became the only Australian jurisdiction where 10 year olds could not be held criminally responsible, after the previous government raised the age of criminal responsibility to 12

But after winning a landslide election victory two months ago, the Northern Territory's Country Liberal Party government is preparing to introduce a new law in parliament next week that will fulfil its commitment to reverse that change.

National Children's Commissioner Anne Hollonds said on Thursday the NT government's strategy was "not based on evidence", and urged the chief minister to meet with her.

"I'm available to provide a briefing to her on what the evidence actually says will keep communities safer," she said.

"The younger you lock up children, the more likely they are to go on to commit more and more violent crimes. That's what we're seeing today."

But Ms Finocchiaro defended her government's law change. 

"By lowering the age of criminal responsibility to 10, what we do is not only give the police better powers to intervene early," Ms Finocchiaro said.

"It allows the government to put in place mandatory diversion programs and have interventions in that child's life and their families.

"What evidence does the Human Rights Commission has that [lowering the age of criminal responsibility] doesn't work?"

Politician looks ahead at press conference

Lia Finocchiaro led the Country Liberal Party into August's election, when it won 17 of 25 seats. (ABC News: Pete Garnish)

Youth crime has emerged as a key issue during recent election campaigns across the country, including in the Northern Territory and Queensland.

In Queensland, both major parties having been making tough-on-crime pitches to voters in the lead-up to an election later this month.

And in Western Australia, the government has announced plans for a new youth detention centre after the state's first teenage death in custody.

On Thursday, the national children's commissioner and the heads of leading health and justice organisations addressed the media in Canberra to call for the federal government to take a national approach to youth justice reform.

The group included the heads of the Australian Medical Association, the Law Council of Australia and the Justice Reform Initiative (JRI).

Ms Hollonds said the recent Australian Human Rights Commission report showed "tough approaches at that end are not going to stop kids doing crime".

"What is world's best practice is smaller, therapeutic facilities based in communities, where we're focused on meeting the needs of these children," she said.

"The only way we're going to stop crime is if we address the needs of the children."

JRI chairman and former federal Labor minister Robert Tickner called on the federal government to intervene by overhauling youth justice systems nation-wide.

"Australia is out of step with the rest of the world," he said.

"There is a mountain of evidence of reports of inquiries of royal commissions.

"They all deliver universally the same message: the system is failing. Jailing more and more children is not supported by the police."

The ABC contacted the acting prime minister for comment on the calls for national youth justice reform, but he was unavailable.

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