‘Shock’ loophole in NSW law meant to protect children against incarceration could mean more will be locked up

Minns government bill says presumption known as doli incapax can be overturned if child knew conduct was seriously wrong'

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The Minns government is seeking to create a loophole in a law meant to provide protection against the incarceration of children, which could mean more children will be locked up.

On Tuesday, the New South Wales government announced it was strengthening protections for children aged 10 to 14 by legislating a common law presumption known as doli incapax, which means children cannot commit an offence because they do not understand the difference between right and wrong.