The Minns Labor Government is extending effective youth bail laws and establishing a groundbreaking pilot to support at-risk young people and tackle the underlying drivers of crime.
Legislation will be introduced today further extending section 22C of the Bail Act 2013 which has helped disrupt high-risk offending by young people since its introduction in 2024.
The bail test for young people charged with repeat car theft and break and enter offences requires a judge to have a high degree of confidence the accused will not offend while on bail.
The Government always intended to extend the laws until April 2028 and last year opposed an amendment by the Coalition and the Greens to shorten the sunset period to October this year.
A statutory review of the laws, to be tabled in Parliament today, found 22C has helped stabilise youth crime rates in regional NSW.
Break and enter and motor vehicle offences have declined in regional NSW while there has been a reduction in legal proceedings against young people.
The review recommends extending 22C to allow for the implementation of broader community-based initiatives including the establishment of a voluntary diversion pilot in Tamworth.
Backed by an $8.4 million investment in the 2026-27 NSW Budget, the pathway is set be rolled out by early 2027. Work is progressing on a second pilot site set to be announced in coming weeks.
The pathway will provide wraparound support to children between the ages of 8 and 13 with complex needs who are engaged in, or at risk of engaging in, concerning or high-risk behaviour.
Young people will not need to be charged with a criminal offence to be eligible. This new model is preventative and designed to help young people and their families before high-risk behaviours turn into offending.
It will close a longstanding gap for children under 10, who are below the age of criminal responsibility and may be too young for existing programs.
Referrals can also be made if a young person has been charged with an offence to help prevent reoffending, but the pathway will run separately to the criminal justice system.
The model being finalised with stakeholders will be delivered by Youth Justice NSW with whole-of-family, culturally responsive support from Aboriginal Community Controlled Organisations (ACCOs) to create lasting, positive change.
Caseworkers will engage directly with the young person, provide one-on-one support and monitor their progress against agreed goals. In addition, family workers will provide practical, day-to-day support in the young person's household.
The pilot responds to recommendation 6 of the independent review of the operation of doli incapax, commissioned by the NSW Government. Doli incapax presumes children under 14 lack capacity to be held criminally responsible.
The Government will also begin consulting with stakeholders this week on a mandatory diversion pathway, with a model to be settled by the end of the year.
The voluntary diversion pathway builds on the Government's youth crime reforms enshrining doli incapax in legislation.
The reforms strengthened the law and gave courts clearer rules about what they must consider when determining whether doli incapax has been rebutted by the prosecution.
The reforms also make it easier for children to access diversion for lower-level offending, with police and the courts retaining the discretion to charge and convict young people if appropriate.
Attorney General Michael Daley said:
"We're not waiting until a child is charged with a crime to intervene. This pathway will identify at-risk young people and support them and their families to help prevent offending rather than just respond to it.
"It will also help children who have already found themselves before the courts to turn their lives around.
"Disadvantage and trauma are significant drivers of crime. That is why this model provides wraparound support to help get children on the right track and help their families to keep them there."
Minister for Youth Justice Jihad Dib said:
"The earlier we can make sure children who need support get help, the better our chances of preventing them from entering the justice system.
"The Minns Labor Government is making record investments to provide more opportunities, skills and assistance for young people to change their course in life, committing more than $146 million to diversion and early intervention initiatives.
"This new pathway expands these programs further to support very young people who are at risk and help them build a better, more positive future."
