OPINION: Raising the age of criminal responsibility is an important first step for the Northern Territory. There is great possibility for substantive change in the Northern Territory with a progressive government and a progressive Attorney-General and Justice Minister Chansey Paech

At the recent Australian Institute of Judicial Administration Indigenous Youth Justice Conference I was proud to present with Minister Paech, who called for a “new age of justice”, one that places self-determination at the heart of any justice solutions. We celebrated raising the age of criminal responsibility and called for a greater focus on inclusion for LGBTIQ Australians.

There is great possibility in our nation as we see a shifting from a criminal approach to a health approach. We are starting to see a shift from a punitive approach to one grounded in harm minimisation and community support, which places Indigenous communities at the forefront of the decision-making process. We are starting to see a new age of justice that is smarter and safer.

What all attendees agreed on from judges to lawyers and community organisations is the need for a fundamental re-calibration because the current system does not work. The tough on crime approach has failed. The incarceration nation is not the safest nation. Especially for Aboriginal and Torres Strait Islander children.

SMART Recovery CEO officer April Long. Picture: Supplied

The Australian Indigenous legal experts and advocates with the support of the New Zealand judiciary have called on all state and territory governments to raise the criminal age of responsibility to 14.

“Much change is needed in our justice system, but above all else, we must begin by embracing the principle that we should not criminalise children,” the joint resolution said.

This came off the back of Minister Paech appealing in his keynote address to all his counterparts across the country, across party lines to not let the old system hold them back. He asked that they “be part of the process of dismantling systemic racism in our justice system in Australia and embedding self-determination into legislation”.

“The time has come to end this shameful practice of imprisoning children, especially before their 14th birthday,” he said.

Australia’s first Indigenous senior counsel, and NT Treaty Commissioner, Tony McAvoy, said there was no rationale for delay by state and territory governments.

“These laws harm children at a critical time in their development, while doing nothing to address crime,” he said. “In fact, locking up children locks in a pattern of re-offending which is detrimental to individuals and the broader community.”

As the debate swirls and conversions around the closure of juvenile justice systems across Australia continue, what we sometimes fail to acknowledge is that we have a service system in Australia that has relied on incarcerating 10-year-old Aboriginal children for hundreds of years. This reliance extends to every state and territory where we disproportionately incarcerate Aboriginal and Torres Strait Islander children.

In the Territory, these children are almost always Aboriginal and Torres Strait Islander, they experience adverse childhood experiences and often self-medicate their trauma with drugs and alcohol. We have to fix the system and support community controlled organisations to deliver evidence-based programs that support children and their families, and makes the community safer.

As chief executive officer of SMART Recovery Australia, I am pleased to say that self-determination is at the heart of SMART Recovery Australia’s approach. We train local community organisations to run SMART Meetings with their community. We also provide a pathway for participants to become facilitators themselves and share their recovery journey and knowledge.

Unfortunately, only one SMART meeting runs in the Northern Territory despite 211 running nationally. Our youth specific meetings support children to make healthier choices. The focus of the SMART teen and youth program is on changing problematic behavior. The program helps build self-esteem and encourages young participants to take responsibility and come up with their own solutions. It helps our children to learn from experience, build their skills and make positive choices. We support them to change and live healthier happier lives.

At this recent conference, we celebrated the first step the Northern Territory has taken to raise the age. We also drew attention to the specific vulnerability of gender and sexually diverse Aboriginal and Torres Strait Islander children and the high rates of addiction.

Sadly, we don’t know how many LGBTIQ+ young Aboriginal and Torres Strait Islander children there are in the Northern Territory or in fact in our country. Our National Census has historically failed to ask this question and count us in.

The Human Rights Commission in the report Brotherboys, sistergirls and LGBTIQ Aboriginal and Torres Strait Islander peoples has called for the need for a national action plan to meet the needs of an ever growing population of Aboriginal and Torres Strait Islander peoples who identify as being LGBIQ+.

What we would see under that action plan is clear recommendations for health, juvenile justice and criminal justice.

Without a plan, LGBTIQ+ children across Australia continue to not be counted. Brotherboys, sistergirls and LGBTIQ+ Aboriginal and Torres Strait Islander peoples experience a number of significant and intersecting points of discrimination and marginalisation in our country. Juvenile justice involvement and incarceration is not just a legal and social issue but in fact a health issue.

Nationally, substance use and abuse is a major issue for Aboriginal and Torres Strait Islander children who have been involved in the juvenile prison system. One in three children under youth justice supervision receive treatment for alcohol and other drug use and are 30 times as likely to receive an alcohol or other drug treatment service as young Australians generally.

It is crucial that we note and frame this conversation properly. Health outcomes and justice statistics are not inherent to race, sexuality or gender diversity, but stems from community and structural responses.

Counting LGBTIQ+ Australians in the census is an act of inclusion. Inclusion of all young people needs to be at the heart of the way forward. A health and diversion presumption versus a criminal and punitive one.

The Northern Territory has taken the first step in raising the age of criminal responsibility and leading the country, hopefully with national leadership the others will follow.

April Long was previously acting chief executive officer at SHINE For Kids, and has extensive national experience in social impact initiatives in partnership with the community, not-for-profit, government, philanthropic and corporate sectors. April has held senior management and executive positions at The Smith Family and the National Centre of Indigenous Excellence. She is currently a director at the Community Restorative Justice Centre.