Nationals Member for Northern Tablelands, Brendan Moylan, has criticised the Minns Labor Government’s rejection of amendments to address Doli Incapax in the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025.
The government voted down the amendments – which would strengthen laws for repeat youth offenders – instead opting for a weakened approach modelled on Victoria’s laws.
The amendments would have brought the NSW law surrounding Doli Incapax in line with the Queensland model, which has been in place since 1899 and is proven, effective, and tested.
Mr Moylan, a solicitor with 20 years’ experience, worked closely with Shadow Attorney General Alister Henskens SC on the amendments and contributed to the debate in the NSW Parliament.
He said the decision ignores the ongoing youth crime problems affecting towns across the Northern Tablelands.
“I welcome the NSW Government’s attempt to address doli incapax, but let’s be clear, this Bill merely tinkers at the edges,” he said.
“It lacks courage, it lacks substance, and it squanders a real chance for meaningful reform.
“Premier Minns and his Attorney General, Mr Daley, had an opportunity to work with the Opposition on genuine bipartisan change and they walked away from it.
“The NSW Labor Government rejected the Opposition’s proposal on how to address Doli Incapax and instead adopted the Victorian model.
“This is not a practical approach as conviction rates for 10 to 14-year-olds in Victoria have collapsed from 77 per cent to just 7 per cent since the case of RP v The Queen in 2016.
“This is clear evidence that the Government’s approach is unlikely to result in any real change.”
Mr Moylan also condemned the NSW Labor Government’s move to reduce the maximum community service hours from 100 to just 35 for young offenders.
“Community Service Orders deliver real accountability, they work, and everyone knows they work,” he said.
“Getting young offenders out working in the community is a proven deterrent.
“Slashing the maximum hours by two-thirds is reckless, unjustified, and flies in the face of the very measures that break the cycle of offending.
“The NSW Labor Government simply does not understand what is happening in the regions, their approach to youth crime is to keep throwing taxpayer money at the problem which is not working.”
