Bishop’s Comments on Lowering the Age of Criminal Responsibility

NT News

Bishop Charles Gauci: Remote communities growing distrustful of NT government

There is growing distrust and fear among Aboriginal Catholics across the Territory, the Bishop of Darwin has claimed, with Indigenous communities expressing their concern around the recently dropped age of criminal responsibility.

The claim comes after the NT CLP Government amended legislation to change the minimum age of criminal responsibility to 10 years of age in their first week of Parliament.

Bishop Charles Gauci told this masthead Indigenous parishioners have been voicing worries on the matter to their respective church leaders.

“I’m hearing concern about kids being locked up, there’s also fear and distrust of government that is developing,” he said.

“There needs to be consequences – I keep repeating that – and I know there is goodwill (by the government), but we need to walk cautiously here with wisdom and prudence.”

Specialist opinion also concerned the Bishop, who noted experts disagreed with the age drop.

“Most of them, that I’m aware of, do not agree with making criminals out of 10-year-olds,” he said.

“The United Nations doesn’t agree with it and the Children’s Commissioner’s report doesn’t agree with it.”

Reflecting on the respective positions of the two major parties, Bishop Gauci said he would not be surprised if the age of responsibility was to shift again.

“We need to narrow the gap but if we keep on opposing each other it won’t happen,” he said.

“We need to find common ground and realise we’re not dealing with a nation here – we’re dealing with many nations.”

Bishop Gauci said the intervention laws were the last time he had witnessed significant angst among remote communities.

“I remember when the intervention happened – people ran into the bush with their kids thinking they were going to be taken away from them,” he said.

“They still have memories of that.”

He also confirmed more “boots on the ground”, including priests and support staff, would be assigned to remote communities in a bid to reinforce pastoral care.

“We’ve also got a lot of work to do here in Darwin,” he said.

“We want to be partners with government and others too while staying free to do what we believe is right.”

Source: NT News

ABC Darwin Radio

Important Discussion on Lowering the Age of Criminal Responsibility

Listen in as Bishop Charles joins ABC Radio’s Rick Hind to discuss the complex issue of youth crime and the recent legislative changes in the Territory. ️

Bishop Charles speaks candidly about the impact of incarcerating young offenders and stresses the importance of early intervention, family support, and community consultation—especially with First Nations leaders. He challenges the notion that tough-on-crime policies are the solution, advocating instead for long-term strategies that focus on preventing reoffending and supporting at-risk youth.

With the NT government’s recent legislation drawing national and international attention, this is a conversation you don’t want to miss!
Tune in to hear Bishop Gauci’s powerful insights on addressing the root causes of youth crime and the path forward for the community.

Source: ABC Darwin Radio

ABC News

UN Rights of the Child committee chair says NT government’s lowering of criminal age ‘contravened’ global treaty obligations

The chair of the United Nations Committee on the Rights of the Child said the Northern Territory had contravened Australia’s international treaty obligations by lowering the age of criminal responsibility from 12 to 10 years old.

Speaking exclusively to ABC News, committee chair Ann Skelton said she was writing to Prime Minister Anthony Albanese to inform him of Australia’s treaty obligations as a signatory to the United Nations Convention of the Rights of the Child.

“The treaty talks about the fact that the minimum age should not be set at too low an age,” she said.

“Over the last 35 years the committee has interpreted that consistently to say that states must set an age and progressively increase it.

“What is particularly concerning is that once a state has committed itself and has actually set a minimum age, this idea of going back is, I would say, in contravention of the Convention.”

The Northern Territory passed new laws to lower its criminal age late on Thursday evening, delivering on a key election promise of the new conservative Country Liberal Party government within its first parliament sittings.

The NT government has become the first in the country to lower its age of criminal responsibility to begin jailing children as young as 10, two years after the territory became the first Australian jurisdiction to raise the age.

The jurisdiction has by far Australia’s highest rates of children in detention according to data from the Australian Institute of Health and Welfare.

A recent NT Children’s Commissioner report found 94 per cent of imprisoned children were Indigenous.

In a statement to the ABC, Chief Minister Lia Finocchiaro said the laws were not designed to send 10 year olds to jail.

“By lowering the age of criminal responsibility, we can intervene earlier in a young person’s life and provide them the support they need to turn a new page, and start a better journey of skills training,” she said.

However her government voted against an amendment proposed by Yolŋu elder and independent politician Yiŋiya Guyula that 10 to 11 year olds would not be sentenced to a juvenile detention centre.

“Territorians overwhelmingly voted for this change in the election seven weeks ago,” Ms Finocchiaro said.

“The status quo simply can’t continue. Territorians want to feel safe again and our troubled youths need earlier intervention.”

The UN has recommended 14 as the minimum age of criminal responsibility worldwide, and 31 member states have previously urged Australia to meet that standard.

Currently, the minimum age of criminal responsibility in every Australian state and territory is 10, except for the ACT, which last year raised its age of criminal responsibility to 12.

The ACT, Tasmania and Victoria have all previously committed to raising the age of criminal responsibility to 14 but Victoria has walked back that promise and is now planning to raise it to 12.

‘It’s a bloody national crying shame’
National Children’s Commissioner Anne Hollonds called on Ms Finocchiaro to meet with her ahead of the introduction of the new law, but her request was dismissed.

Now the has law passed, Ms Hollonds is urging Mr Albanese make child welfare and justice a national cabinet priority.

“The fact that this law has been passed in the Northern Territory last night is evidence of the failure of all the other systems that should have helped these children and their families much, much earlier,” she said.

“It’s deeply disappointing that the criminal justice system is seen as the only solution to addressing the problems they have.”

Co-founder of the North Australian Aboriginal Justice Agency Natalie Hunter said the passing of the laws marked a “national day of sorrow for our people.”

The Nyikina woman said she was shocked the government had not passed the change without establishing rehabilitation and diversion programs, including its two promised “boot camps”.

“How can you make a law when you don’t put in the support base first?” Ms Hunter said.

“We don’t even have the support base now with what’s going on at Don Dale Youth Detention Centre.

“I worked in the child protection system for 20 years in the Northern Territory — it’s a bloody national crying shame.”

Ms Hunter said she believed the changes were racist and would not make the community safer.

“We know that’s going to target Aboriginal children,” she said.

“Jailing kids makes crime worse — it doesn’t make things better … [Lia Finocchiaro] is just going on the vote to keep her in power, and that’s really sad.”

The NT’s Catholic bishop in Darwin, Charles Gauci said he had heard concerns from community members including Aboriginal elders about the “rapid pace of the new legislation”.

He urged the government to proceed “with wisdom and proper consultation”.

“Legislation alone isn’t the full solution, we must also focus on long-term strategies that truly benefit all Territorians,” he said.

The ABC contacted the prime minister’s office for comment multiple times, but did not get a response before deadline.

Source: ABC News

Northern Territory Parliament lowers age of criminal responsibility to 10

Children as young as 10 could face jail with the Northern Territory Parliament last night passing controversial laws to lower the age of criminal responsibility. Source: SBS News.

After the Territory recently became the first jurisdiction in Australia to raise the age to 12, the incoming government has moved quickly to return it to 10.

The Parliament passed three changes to youth justice laws yesterday, including lowering the age of criminal responsibility and criminal provisions for ram raiding and boast-and-post laws.

Under the existing criminal code, a person can be charged for ram raiding a property in the Northern Territory, however, the new legislation could have children as young as 10 sentenced to up to 10 years in prison.

Chief Minister Lia Finocchiaro said Labor had raised the age of criminal responsibility without having any programs in place to deal with the fact that 10 and 11-year-olds would no longer be held accountable for their actions.

“We know reverting to a system where it is the judge’s discretion around what to do with a 10- and 11-year-old creates much better opportunities for authorities to intervene early in their lives,” she said.

The controversial laws have come under scrutiny from experts across the nation and internationally in recent weeks, but were passed with the Government’s 17 to seven majority.

Before the vote yesterday, Darwin Bishop Charles Gauci urged the NT Parliament to “proceed with wisdom and proper consultation”.

“I’ve heard concerns from a variety of community members, including Aboriginal Elders and other reflective leaders, about the rapid pace of new legislation,” Bishop Gauci said.

“While I understand the need to address significant challenges in our community, even the best laws must include and engage the people they impact. This isn’t about delaying difficult decisions, but about making them with the respect and consideration they deserve.

“The path of wisdom demands careful reflection, inclusive dialogue, and avoiding decisions that could deepen divisions or lead to unforeseen consequences.

“I encourage our Parliament to proceed with wisdom and proper consultation, tackling urgent issues thoughtfully. Legislation alone isn’t the full solution – we must also focus on long-term strategies that truly benefit all Territorians.”

Source: CathNews

Call for Wisdom and Consultation: Bishop Charles Gauci on the Urgency of Inclusive Legislation

I’ve heard concerns from a variety of community members, including Aboriginal Elders and other reflective leaders, about the rapid pace of new legislation. While I understand the need to address significant challenges in our community, even the best laws must include and engage the people they impact. This isn’t about delaying difficult decisions, but about making them with the respect and consideration they deserve.

The path of wisdom demands careful reflection, inclusive dialogue, and avoiding decisions that could deepen divisions or lead to unforeseen consequences. I encourage our Parliament to proceed with wisdom and proper consultation, tackling urgent issues thoughtfully. Legislation alone isn’t the full solution—we must also focus on long-term strategies that truly benefit all Territorians.

CathNews

Bishop Gauci urges NT Government not to jail child offenders

Darwin Bishop Charles Gauci says the Northern Territory Government “must strive to find the best possible solutions” to youth crime without resorting to incarceration, as the Country Liberal Party seeks to lower the age of criminal responsibility to 10.

The NT Government, led by Chief Minister Lia Finocchiaro, promised to bring an “enormous” law and order agenda to the new term of Parliament this week, including an election promise to lower the age of criminal responsibility back to 10 years old, ABC News reports.

It’s a reversal of the previous Labor Government’s move to raise the age to 12 about two years ago.

In a statement to Darwin Catholics, Bishop Gauci said “many experts caution us that incarcerating children and burdening them with criminal records does little to prevent crime in the long term”.

He said it can “have the opposite effect, hindering their future potential and deepening cycles of disadvantage”.

“Yet, as we know based on the psychological development of children, they need clear boundaries and appropriate consequences for their actions,” Bishop Gauci said.

“I fully support finding the most effective and compassionate ways to provide those boundaries, ensuring that we guide our young people without resorting to incarceration.”

Bishop Gauci said it was “undeniable that some young people have been involved in serious incidents that have affected many lives in the Territory”, such as vandalism, robbery and physical violence.

“These issues are real, and they need to be addressed thoughtfully and urgently,” Bishop Gauci said.

“I have raised these concerns directly with the Chief Minister, and I don’t underestimate the complexities involved. But we must strive to find the best possible solutions – ones that address the behaviour appropriately without leaving children with a lifelong criminal record or resorting to imprisonment.

“This seems to be the path of wisdom and the greater good, one that upholds both justice and compassion in our society.”

Credits: CathNews

Statement by Bishop Charles Gauci on Proposed Changes to the Age of Criminal Responsibility

I was heartened when the then leader of the opposition, and now our Chief Minister, stated her belief against incarcerating children. I understand that a bill is being considered to lower the age of criminal responsibility from 12 to 10.

Many experts caution us that incarcerating children and burdening them with criminal records does little to prevent crime in the long term. In fact, it can have the opposite effect, hindering their future potential and deepening cycles of disadvantage.

Yet, as we know based on the psychological development of children, they need clear boundaries and appropriate consequences for their actions. I fully support finding the most effective and compassionate ways to provide those boundaries, ensuring that we guide our young people without resorting to incarceration.

It’s undeniable that some young people have been involved in serious incidents that have affected many lives in the Territory—acts of vandalism, robbery, and even physical violence. These issues are real, and they need to be addressed thoughtfully and urgently.

I have raised these concerns directly with the Chief Minister, and I don’t underestimate the complexities involved. But we must strive to find the best possible solutions—ones that address the behaviour appropriately without leaving children with a lifelong criminal record or resorting to imprisonment.

This seems to be the path of wisdom and the greater good, one that upholds both justice and compassion in our society.