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CASPA calls for NSW Government to raise the age of criminal responsibility in children

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Leading children’s welfare charity CASPA is urging the NSW Government to raise the age of criminal responsibility from 10 years to 14, in a bid to protect disadvantaged children from further trauma.

 

The call follows the release of an alarming report from the NSW Bureau of Crime Statistics and Research (BOSCAR), which highlights the increased involvement of children aged between 10 and 13 in the state’s criminal justice system.

 

Notably, one in four of these children is either in out-of-home care (OOHC) or has previously had an OOHC experience.

 

Figures also reveal a disproportionate number of these children are Indigenous, come from disadvantaged backgrounds, and have had prior contact with the criminal justice system.

 

CASPA CEO Naarah Rodwell said criminalising children at such an early age was morally and ethically unjust and urged the Government to take action.

 

“These statistics underscore a troubling reality,” she said.

 

“Evidence shows that children in this age group significantly benefit from understanding and supportive interventions, rather than punitive measures, particularly those who are marginalised, disadvantaged, and traumatised.

 

“We advocate for raising the age of criminal responsibility from 10 to 14 years and for improved understanding and support for children and young people in OOHC, particularly in regional and remote NSW.”

 

To mark National Child Protection Week, which runs from September 1 to 7, CASPA is working to raise awareness of the primary objective of the OOHC system - to reunify children with their families wherever possible, while ensuring safety, care, stability, and opportunities for those unable to return home.

 

The organisation also wants to see increased support for children and young people in out of home care, particularly in regional and remote areas.

 

Ms Rodwell said: “Our experience is that many children in out of home care share a common background of significant early trauma, which profoundly impacts their development and behaviour.

“The BOCSAR report illustrates alarming trends regarding increased involvement of 10- to 13-year-olds in the criminal justice system, and many of those children have previously been at risk of significant harm and themselves been victims of crime.

 

“We need to shift the political narrative away from punitive measures towards understanding the true cost of trauma.

 

“Unfortunately, in order for children and young people to heal from trauma they require significant time and resources, and the current support is simply not adequate.”

 

Ms Rodwell said a trauma-informed approach was best when dealing with children in OOHC, as highlighted by CASPA’S Joint Protocol initiative to reduce youth crime.

 

Under the project, CASPA team members trained in intensive therapeutic care and behaviour support have become the frontline of response to situations that may involve police and trauma-impacted children. 

 

The success of the initiative has been in the adoption of non-punitive responses and has led to a greater awareness of the impacts of early life trauma among NSW Police.

 

However, Ms Rodwell said the over-representation of vulnerable children in the criminal justice system, is an indication that more needs to be done.

 

“Research consistently demonstrates that the impacts of early life trauma are profound,” she said.

 

“This trauma can internally manifest in poor impulse control and emotional regulation and externally as challenging behaviours, often perceived as anti-social.

 

“It is time to create policies and laws that foster healing and offer pathways to a life filled with kindness and purpose, rather than subjecting children to criminalisation.”

 

CASPA proudly stands with over 100 NSW organisations who are calling on the NSW Government to "do better for kids and community safety".

 

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