The NSW parliament will for the first time consider raising the age of criminal responsibility, as jurisdictions across Australia face international pressure to keep kids out of prison.
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Greens MLC David Shoebridge on Thursday introduced to parliament a new bill that would lift the age of criminal responsibility to 14 and require alternatives to prison for under 16s.
Children as young as 10 can be prosecuted and imprisoned under current NSW laws, which are mirrored across the country.
Currently only the ACT has committed to changing the age of criminal responsibility.
"At ages 10 and 11 children are still losing their baby teeth, they don't have their pen licences let alone driver's licences," Mr Shoebridge said.
"Some of these young people spend their first night away from their families in a prison cell.
"They deserve a chance to learn from their mistakes and help to overcome disadvantage."
In 2020, almost 500 children aged between 10 and 13 were sent to jail across Australia.
About two thirds of them are Aboriginal or Torres Strait Islander youngsters, despite Indigenous people making up only three per cent of Australia's population.
More than 30 countries in the United Nations have signed a recommendation that Australia lift the age of criminal responsibility - commonly 14 in other developed nations.
However, Australia's representative in July said it was ultimately a decision for each state and territory.
The Aboriginal Legal Service NSW/ACT said the Greens bill is a welcome development after decades of research that shows imprisoning youth set them on the wrong track.
"The evidence clearly demonstrates that keeping children out of detention means they are less likely to incur trauma, they are less likely to disengage from school, and less likely to face homelessness and incarceration later in life," interim chief executive Nadine Miles said.
"We've gone to court to represent children that the evidence says shouldn't be there at all. This is inexcusable."
Human Rights Watch also lauded the bill, calling for other states to follow suit.
"In the wake of the Morrison government failing to commit to a federal policy... governments across Australia should show leadership," Australian researcher Sophie McNeill said.
However the bill will not pass without support from the NSW government, which has passed the buck back to counterparts in Canberra.
The subject is being considered at a national level, Attorney General Mark Speakman told AAP in a statement.
"NSW supports this process, noting that any reform to the minimum age of criminal responsibility in NSW would need to be in the best interests of the community, with the safety of the community a key consideration," he said.
"This includes the need for adequate processes and services for children who exhibit offending behaviour."
But Mr Shoebridge says there are already alternatives to prison - which include treatment programs, additional warnings and community orders - but that they are often only available to kids from wealthy, white backgrounds.
The NSW government is reviewing the Greens bill, Mr Speakman said, and will respond in due course.
However, it last month failed to support a recommendation by a parliamentary review on the high level of Indigenous people in custody that the age of criminal responsibility be raised.
Australian Associated Press
