Farren Hotham
18 May 2025, 9:20 PM
Operation Soteria, set up to snare young children behaving badly across the state, is reaping rewards but the community is still frustrated by the extent of law-breaking by young people.
The Aboriginal Legal Aid Service represents many of those who are offending and says action is failing youth.
According to the Aboriginal Legal Service (NSW/ACT) Limited (ALS), a year on from changes to NSW bail laws, Aboriginal children are being locked up on remand for crimes that don’t attract jail sentences.
The ALS has released a report card 12 months after the introduction of the laws, exposing shocking truths about the serious harm they are causing to communities and children.
“These are cruel, tragic and dangerous laws. When you lock children up, you lock them into a life of crime,” said Karly Warner, CEO.
“The fact is, bail laws are not capable of ‘reducing crime’. They are just a tool for warehousing people in jails instead of dealing with the issues that bring them into contact with police in the first place."
But a new NSW Government inquiry into those who can’t be charged because they're under 15 has been set up with findings expected by September.
NSW Nationals leader Dugald Saunders and Member for Dubbo says the review into doli incapax today is something the NSW Nationals has been pushing for to help make a difference in the regional youth crime crisis.
Doli Incapax is a law which says children aged under 15 can’t be charged because there is doubt about whether they understand right from wrong.
‘’This epidemic has been plaguing our communities as they are constantly held to ransom by serious repeat youth offenders," Mr Saunders said.
"The changes made by the Minns Government have so far failed to make a tangible difference and things have been getting progressively worse over the past two years."
"We have always said more needs to be done in this space to ensure repeat young offenders aren’t simply given a free ride by claiming they don’t know what they are doing is wrong," he said.
‘’Police are fed up with the revolving door where kids are constantly bailed back into inappropriate situations and our regional community members are fed up too."
The NSW Coalition have brought forward a bail bill that they believe will form part of the solution and have pushed for doli incapax to be looked at separately as it is an extremely complex part of the legal system.
"It feels like it has taken the Government a long time to get on board with this, but I am hopeful this step will allow us to get onto a pathway to find real solutions," Mr Saunders said.
The spate of teenage crime that exploded last year is continuing in towns across the west with vehicle related crimes in particular putting both themselves and other community members in danger.
Just yesterday, two teens were arrested in GIlgandra for motorcycle related offences.
The Aboriginal Legal Aid Service says the proposed changes will be a 'no win' for children and communities.
“Children represented by ALS are being locked up for crimes that would never attract a jail sentence if convicted, and being exposed to an apprenticeship in more serious offending in custody," Ms Warner said.
“These laws are going to have a permanent and dangerous effect for NSW communities.
"They will increase crime.
"They are destroying the lives of our children and communities will experience increased crime as a result.”