NSW GOVERNMENT INTRODUCES NEW LAWS TO TACKLE YOUTH CRIME AND SUPPORT CHILDREN AT RISK.

NSW GOVERNMENT INTRODUCES NEW LAWS TO TACKLE YOUTH CRIME AND SUPPORT CHILDREN AT RISK.

Member for Port Macquarie, Robert Dwyer said the NSW Government is introducing new laws to give NSW Police and courts stronger tools to respond to youth offending earlier, while keeping communities safe across the state.
 

The reforms include long-overdue changes to doli incapax, the legal presumption that children aged 10 to 13 cannot be held criminally responsible. Prosecutors will now have clearer guidance to show when a child knew their actions were seriously wrong, considering the facts and circumstances of the alleged offence. This includes planning or attempts to hide the behaviour. Courts will also receive additional training to ensure the new law is applied fairly and consistently.
 

The Young Offenders Act 1997 will be modernised to expand early intervention and diversion options. Currently, children must admit an offence to access diversion programs. Under the new laws, children will also be eligible if they make a statement they do not deny, including the time, place, and elements of the offence. Diversion options include youth justice conferences, formal cautions, and access to programs addressing mental health or drug and alcohol issues. Police and courts will retain discretion to charge or convict children if diversion is not appropriate.
 
"NSW Police are working tirelessly to keep our communities safe. Every day, they are not only arresting offenders but also engaging with young people to help guide them onto the right path,” Mr Dwyer said.
 

“We all want safer communities and better outcomes for children, but police cannot do this alone. That’s why these important reforms are being introduced.
 

“By expanding the Young Offenders Act, more children will have access to diversion programs that can help steer them away from a life of crime,” Mr Dwyer said.
 

The reforms aim to intervene before offending becomes serious or entrenched, while ensuring children at risk receive the support they need to change course. Early results show progress: young people proceeded against in regional NSW fell 12.3% in the two years to June 2025.