MEDIA RELEASE
Saturday 25 October 2025
The Aboriginal Legal Service (NSW/ACT) Limited (ALS) has welcomed recommendations released today to preserve doli incapax, a legal principle that protects young children from being trapped in the quicksand of the criminal justice system and suffering ongoing trauma.
The review has found that the principle of doli incapax is an appropriate safeguard and recommended it be codified in legislation to help ensure that the very small number of young children aged 10-13 who come into contact with police and courts are treated in line with undisputed scientific evidence.
“The science is irrefutable. Children under the age of 14 do not have the capacity to form criminal intent. Treating them like criminals only destroys lives and make communities more dangerous,” said Karly Warner, CEO of the ALS.
“We know that locking children up not only compounds trauma for that child, it also increases the likelihood that they will reoffend as an adolescent or adult – ultimately increasing future crime,” Ms Warner said.
“That is why we welcome the recommendations of the review, including keeping doli incapax in its current state and expanding access to diversionary pathways for children aged 10 to 13.
“Any changes to doli incapax would be a huge mistake. The reviewers have heard loud and clear that criminal courts and youth prisons can never meet the complex needs of this small group of young children.
“Making it easier to convict children as young as 10 would have tragic repercussions for children, families and NSW communities. I am pleased today to see that that is the conclusion of the review, after consulting with experts from across the state."
Ms Warner said it was time Premier Minns listened to the voices of Aboriginal leaders and experts about how to protect the community, children and families.
“Throwing children behind bars doesn’t work – but we know what does. The Premier must heed the evidence and invest in supports for children and families that will prevent them entering the justice system in the first place,” said Ms Warner.
“To do anything else would fly in the face of the Government’s commitments to Closing the Gap in NSW.”
“Our message to the Premier is clear; if you want to make communities safer, listen to the voices of Aboriginal leaders, experts, and now the findings of this review; don’t touch doli incapax,” said Ms Warner.
ENDS
Media contact:
Kayla Foster, 0447 040 029, [email protected]
See our position statement on doli incapax for more information.
