THE NSW Attorney-General, Michael Daley, asked members of parliament to “watch their words” when debating the Time for Change petition on Thursday.

Mr Daley asked members to be particularly mindful when discussing doli incapax, the centuries-old law that presumes children between the ages of 10 and 14 do not sufficiently understand the difference between right and wrong and therefore cannot be held criminally responsible.

“I urge members of all persuasions to be intelligent and factual, and use analysis rather than political rhetoric in these sorts of debates,” Mr Daley said.

Doli incapax operates as a common law presumption in New South Wales and can be rebutted if the prosecution proves beyond reasonable doubt a child understood that what they did was seriously wrong.

The NSW Government earlier this month launched a review of doli incapax.

Mr Daley appointed State Parole Authority Chair and former Supreme Court Justice, Geoffrey Bellew, and former NSW Police Deputy Commissioner, Jeffrey Loy, to review the operation of doli incapax in New South Wales.

“We are looking into the doli incapax principle,” Mr Daley said.

“We should be aware of the words we use in relation to this. It is a complex principle. Youth crime cannot be solved overnight.

“The change in youth crime has been decades in the making. Covid has contributed to it. Too many offenders being Aboriginal and intergenerational trauma have contributed to it, as well as children being sexually and physically assaulted at home, alcohol foetal syndrome, and now amphetamine foetal syndrome have contributed to it.

“It is a very complex issue that should not be reduced to slogans, because that does not do communities any justice,” Mr Daley said.

Member for Northern Tablelands Brendan Moylan (left) and Member for Tamworth, Kevin Anderson debate the Time for Change petition in parliament on Thursday.

Sitting in the gallery was Tamworth victim of crime Phebe Furneaux, who lodged the petition, and Adam McNamara.

Mr McNamara’s brother, Daniel, was killed when the motorcycle he was riding was struck by a vehicle, allegedly stolen from Moree, during a police pursuit at Gunnedah earlier this year.

The Time for Change petition, with more than 22,000 signatures from concerned residents across New South Wales, asks the State Government to strengthen bail laws to prevent violent young offenders from re-offending.

It also asks for increased resources and support for police officers to effectively apprehend and prosecute offenders and review the judicial system to prioritise community safety.

The petition was presented for discussion by Member for Tamworth, Kevin Anderson.

He told parliament the petition came from a place of deep community concern over an increasing escalation in crime.

“The attack on Phebe was frightening. It left her bruised, battered and shaken, feeling violated and unsafe,” Mr Anderson said.

“Adam McNamara also is in the gallery today. He is the brother of Daniel McNamara, who was tragically killed on his motorbike when struck by a stolen ute that was allegedly driven by a 14-year‑old boy in Gunnedah.

“Enough is enough. It is time for change,” he said.

“I am regularly contacted by victims of crime – people whose houses have been broken into and ransacked, with treasured possessions stolen as well as cars and cash.

“They are angry, frustrated and seeking retribution. That is very frightening. People are starting to fight back by confronting those criminals. That is disturbing and dangerous, as those incidents are turning violent, but they have had enough.

“Last Sunday at 5.30am, 69-year-old Christine Trembath was bashed and had her car stolen. She was backing out of her driveway to go to work when a man attacked her, knocked her to the ground and stole her car.”

Mr Anderson responded to Attorney General Michael Daley’s request to “watch your words”.

“Really? Attorney General, enough is enough,” Mr Anderson said.

“It is time for change. Whatever has been put in place previously is not working. We need change. “We have provided the Government with solutions and options today. We want the Government to take those solutions and options on board and to act on them so our communities can once again feel safe,” he said.

“I want people in our regions to again feel safe in their homes. Our voice is strong. We have provided options and solutions.

“We call on the Government to listen and to act to provide the safety that we deserve. We call on the Government to protect our communities. It is time for change,” Mr Anderson said.

Member for Northern Tablelands, Brendan Moylan said the Moree community is “tired, angry and incredibly frustrated about the issue”.

“The police are doing a fantastic job,” Mr Moylan said.

“Our problem is the constant stream of young offenders being arrested and put before the Local Court, where either the magistrate’s hands are tied by virtue of doli incapax or the magistrate makes a determination to release that young person on bail.

“Members all talk constantly in this place about crime statistics. The one that sticks out to me is that more than 50 per cent of the offending in Moree is committed by young people on bail.

“That is a massive statistic,” Mr Moylan said.

“In New South Wales, if someone is so mentally unwell that they cannot form the required intent, they are not simply let out of court; they are placed on a treatment plan.

“Why can we not do that for young offenders who cannot form the required intent by virtue of their age? That is an option,” he said.

“Alternatively, we do what the United Kingdom has done and abolish doli incapax.

“It is an old common‑law maxim. It is an important safety net but perhaps the Government needs to be bold and look at whether it still applies.

“If the Government finds it still applies, then at the very least we have to organise a treatment plan for those kids so they are supervised and monitored, because our job is to protect our communities. “Of course, we also need to look at the underlying causes of crime. We all agree on that. But in the bush the violent nature of those crimes is increasing.

“It is not simply pinching a car, going for a burn and dropping the car off. It is a violent break‑in, an assault, an assault occasioning actual bodily harm, breaking-and-entering in company – which is aggravated – or the theft of a vehicle. It is burning around the town – and even going further across regional New South Wales – then setting fire to that vehicle,” Mr Moylan said.

“It is fantastic that the Government is launching a review into doli incapax. I appreciate that, and I would love to work with the Government on that.

“We should also look at the role that victims play in the local court. All of us who are solicitors – and there are many of us – know that the local court is a sausage factory.

“Let us elevate the voice of victims to give them a better say. It is time for change, so let’s do it,” Mr Moylan said.

To read the debate’s full transcript, go to: https://www.parliament.nsw.gov.au/Hansard/Pages/HansardResult.aspx#/docid/HANSARD-1323879322-153802

To watch the Time for Change debate, go to https://ponsw.events.corrivium.live/legislativeassembly

and forward video to 4.15pm.