NSW Children Aged 10 to 13 Presumed Not Guilty Unless They Knew Their Conduct Was Seriously Wrong

Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025

22 Dec 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

child safety child welfare court procedures criminal justice cultural needs Indigenous affairs Indigenous rights sentencing victim rights youth justice

Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Youth justice conference participants must consider the cultural needs of Aboriginal or Torres Strait Islander children.
Participants must also consider the cultural needs of children from multicultural backgrounds.
Children aged 10 to 13 are presumed not guilty of an offence. To prove they are guilty, the prosecution must prove the child knew their conduct was seriously wrong.
Investigating officials can offer a child the chance to make a 'non-denial statement' instead of admitting to an offence. This statement must be made in front of a parent, a consenting adult, or a lawyer.
Courts cannot use non-denial statements as evidence in criminal or civil cases.
Courts cannot use a child's history of cautions or youth justice conferences to prove the child knew their conduct was seriously wrong.
Children cannot get a caution or be referred to a youth justice conference if they have received 3 or more cautions in the last 3 years.
Youth justice conferences cannot make a decision or recommendation if the child denies the offence during the conference.
Victims of offences can now attend youth justice conferences in person, via video link, or through other approved electronic means.

The Debate

What different members said when this bill was debated:

Aileen MacDonald LIB

“I contribute to debate on the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025 in my capacity as shadow Minister for Youth Justice. I do so conscious of the very real youth crime pressures being felt across our State, particularly in regional towns like Moree, Kempsey, Bourke, Armidale, Tamworth, Gunnedah and so many others.”

Official source →

Amanda Cohn GRN

“As The Greens spokesperson for youth, I build on the excellent contribution of my colleague Ms Sue Higginson in my contribution to debate on the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025.”

Official source →

John Ruddick LIBT

“The Libertarian Party supports the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025. The current law states that someone under the age 16 who has committed a crime cannot be sentenced as an adult but given a lighter sentence because they are deemed a child.”

Official source →

Rachel Merton LIB

“I make a contribution to debate on the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025. I approach the debate not with ideology but with a deep commitment to the safety of our communities and the accountability of those who harm them.”

Official source →

Daniel Mookhey ALP

“Susan Carter, Ms Sue Higginson, the Hon. Tania Mihailuk, the Hon. Sarah Mitchell, the Hon. Stephen Lawrence, the Hon. Aileen MacDonald, Dr Amanda Cohn, the Hon. John Ruddick and the Hon. Rachel Merton.”

Official source →

News articles and press releases

Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025

Mr MICHAEL DALEY, Attorney General — 2025-11-18

The bill implements the legislative recommendations of the recent independent review of the operation of doli incapax in New South Wales, a criminal law principle that applies to children aged 10 to 13. The term doli incapax means "incapable of deceit or incapable of crime or incapable of evil" and is the name given to the presumption at common law that children aged 10 to 13 lack capacity to be criminally responsible for their acts, unless proven otherwise. It is a longstanding and important common law presumption.