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Legislative Assembly for the ACT: 2000 Week 3 Hansard (8 March) . . Page.. 663 ..

MR TUCKER (continuing):

child has committed a crime of the sort that has been talked about here today. I would say there would be a good case for looking at that child's upbringing to understand how it could have come to that situation.

The legislation is fair. I will continue to keep a close eye on what is happening in our social welfare system. As I said, I am concerned that some people think the criminal justice system is better than nothing if kids are falling through the cracks that much. That argument came up when we were looking at mental health services in the ACT in the last Assembly. Legal Aid gave evidence to my committee that the criminal justice system was all that was there for people with a mental illness and that if they were arrested and incarcerated or detained someone would keep an eye on them through a serious psychotic episode. That is also totally unsatisfactory. That is why we have to be concerned about the number of people with a mental illness who end up in our gaols. These are ongoing social concerns, and this is one of the debates around the law and order response to the social support response which no doubt will continue.

MR STANHOPE (Leader of the Opposition) (11.20), in reply: Mr Speaker, I thank members for indicating that they will be supporting this proposal. It is only fair that I acknowledge that the support is rather grudgingly given.

Mr Rugendyke: Begrudgingly, no.

MR STANHOPE: No, not from you, Dave. Do not be so defensive. As members are aware, I introduced two Bills designed to change the age of criminal responsibility in the ACT from eight to 10 years. The two Bills are necessary because the ACT is in the process of overhauling the legislation relating to children and young people from both a welfare and a criminal justice perspective. Two Acts - the Children's Services Act and the Children and Young People Act - currently cover these fields. The Children's Services Act will be repealed when the Children and Young People Act comes into effect. For the record, I note that the scrutiny of Bills committee offered no comments on either of these Bills.

There are aspects of the debate that it is appropriate that I touch on, and I will do that in my comments. Mr Speaker, it is well document that early childhood contact with the criminal justice system greatly increases the chances of the child becoming a lifelong client of the system. The clear intent of these Bills is to address that issue. The Labor Party believes, as I am sure other members do, that it is a primary responsibility of society to keep children out of the whirlpool that the criminal justice system can be.

Mr Rugendyke: Hear, hear!

MR STANHOPE: I know it is your philosophy, Dave, and I am very responsive to that. As a responsible community we must do everything in our power to help children and families in trouble. It is my view that a caring community nurtures those amongst us who need support. That is a sensible and responsible first step. A necessary step, in my view, is to raise this age limit. The focus can then be more on how we offer support for troubled families and children so desperately in need. That is a separate debate. The first step must be to remove this glaring obstacle to our capacity to help.

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