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Attorney General Michael Daley has appointed State Parole Authority Chair and former Supreme Court Justice, the Honourable Geoffrey Bellew SC, and former NSW Police Deputy Commissioner, Mr Jeffrey Loy, to review the operation of doli incapax in NSW.

Doli incapax is a legal presumption that children between the ages of 10 and 14 do not sufficiently understand the difference between right and wrong to be held criminally responsible.

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

The NSW Government has been considering the operation of doli incapax for some time and launched the review this month.

It comes as the NSW Bureau of Crime Statistics and Research (BOCSAR) released a new report finding a significant decline in the number of young people aged 10 to 13 years found guilty of a criminal offence following a 2016 High Court decision.

The 2016 decision in RP v The Queen clarified a number of matters in relation to doli incapax, including that the prosecution must prove beyond reasonable doubt that the child understood their actions were ‘seriously wrong’.

Convictions fell dramatically from 2016, coinciding with the High Court decision.

The BOCSAR study found the proportion of 10–13-year-olds with a proven outcome in the NSW Children’s Court – either guilty or not-guilty – fell dramatically from 76 per cent in 2015-16 to 16 per cent in 2022-23. The prosecution withdrew charges in more than half of all cases in 2022-23.

Similar trends were observed in Victoria and South Australia following the High Court decision. Like NSW, these states rely on a common law understanding of doli incapax, instead of having it codified in legislation.  States that have codified doli incapax in legislation, such as Queensland and Western Australia, did not show a similar decline.

BOCSAR said the result raised questions about how best to support these young people to reduce future criminal involvement. Often, the young person is simply released from custody without support, back into the care of dysfunctional families and, too often, they engage in behaviour that endangers themselves and members of the community.

The review being undertaken by the Honourable Geoffrey Bellew SC and Mr Jeffrey Loy is considering how the presumption of doli incapax is applied in criminal proceedings, the impact of its operation on options for intervention, what improvements could be made and a framework for legislation.

They will also consider how doli incapax interacts with the Young Offenders Act 1997 and the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, and other relevant matters including community safety and the interests of children.

Stakeholders including victims’ groups, local and regional communities, Aboriginal-led organisations and legal and government stakeholders will be consulted as part of the review.

They are due to report back to the Attorney General in the second half of 2025.

The Honourable Geoffrey Bellew SC’s legal career spans more than 40 years and he served as a Justice of the Supreme Court of NSW between 2012 and 2023.

Mr Loy spent 40 years with the NSW Police Force, including as Deputy Commissioner from 2017 until 2021, receiving the Australian Police Medal (APM) and National Emergency Medal.

He was appointed a member of the Independent Liquor and Gaming Authority in 2022.

Attorney General Michael Daley said:

“The common law presumption of doli incapax dates back hundreds of years. It operates across all Australian jurisdictions and its existence in the common law has been affirmed by the High Court.

“Recently, concerns have been raised about the operation of doli incapax. I commissioned this review to ensure close consideration of any improvements that can be made and possible legislative reforms.

“The Honourable Geoffrey Bellew SC and Mr Jeffrey Loy are a highly respected experts in criminal law and law enforcement, particularly in the youth space. They are well-placed to examine how doli incapax is being applied in NSW and I look forward to considering their recommendations.”

The Minns Labor Government continues to streamline the NSW planning system with further reforms.

The Environmental Planning and Assessment Amendment Bill 2025 was introduced into NSW Parliament on 19 February 2025 and passed through Parliament today.

The changes to the EP&A Act include:

·       Streamlining decision-making and cutting through red tape to assess housing State Significant Development (SSD) applications which have been recommended for the SSD pathway by the Housing Delivery Authority (HDA).

·       Cutting through the red tape for additional housing SSD applications such as infill affordable and build-to-rent housing.

·       Allows flexibility to reduce the minimum mandatory exhibition period for certain housing SSD projects through changes to the Department’s Community Participation Plan.

·       Supporting consent authorities such as councils in making practical planning decisions including modifications to development consents, clarifying several court decisions.

·       Providing certainty on how submissions are counted and considered. The amendment makes it clear that only submissions received during a public exhibition period can be counted for particular purposes such as identifying the consent authority and appeal rights but late submissions can considered in assessments.  

·       Modernising the planning framework for affordable housing contribution requirements by enabling all types of environmental planning instruments to include requirements for affordable housing contributions and removing unnecessary tests to streamline the development assessment process.

·       Removing references to the ‘Six Cities Region’ and district plans which will enable a new regional strategic plan for Greater Sydney to be delivered and make the strategic planning framework consistent across NSW.

The changes will increase the efficiency of applications to be declared as SSD by the Minister for Planning and Public Spaces by eliminating overlap in advisory functions with the IPC and providing recommendations to the Minister faster.

This is all part of the Minns Government’s plan to build a better NSW with more homes and services, so young people, families and key local workers have a place to call home and in the communities they choose.

Minister for Planning and Public Spaces Paul Scully said:

“This is another step forward in our plan to tackle the housing and planning challenge head-on. We’re removing the barriers that slow down good development and focusing on what matters, building more homes.

“With these changes, we’re making it clear that NSW is serious about delivering more affordable homes and supporting councils to make practical, timely planning decisions.

“Since the Housing Delivery Authority was established, 86 proposals will now enter the State’s planning system, it only makes sense that we streamline this process through this bill and make it simpler and more efficient to assess.

“The amendments to the Act build on the other reforms which are cutting development application assessment times, speeding up construction approvals, supporting the rollout of renewable energy and encouraging the delivery of more housing, including affordable housing.”

Yesterday the Minns Labor Government agreed to the Opposition’s terms for a Parliamentary Inquiry into the exploding illegal tobacco trade that is endangering communities in NSW.

Leader of the Opposition Mark Speakman said the NSW Labor Government has been stalling in their response to the explosion of illegal tobacco in NSW.
 
“This inaction has led to a dramatic increase in tobacconists, and an outbreak of violent crime in our communities,” Mr Speakman said.
 
NSW Health data shows there has been an increase in the number of tobacconists opening, rising from 14,500 four years ago to more than 19,500 today.
 
Shadow Minister for Health Kellie Sloane said that we are seeing an alarming increase in the supply of illegal tobacco in NSW, which has been linked to organised crime syndicates.
 
“These criminals do not care about your health; they care about controlling the illicit market. There are violent and dangerous groups that are trying to ensure this trade continues,” Ms Sloane said.
 
On Saturday, a tobacco shop in Auburn was subjected to an arson attack. On Sunday, a truck rollover on the Pacific Highway near Grafton, led police to uncover 2.5 tonnes of illegal tobacco in the back of the vehicle. Earlier in January, a man’s toe was cut off during a foiled attempt to steal illegal tobacco from a warehouse in Condell Park.

It has become clear that the NSW Government has lost control of what is now known as the ‘Tobacco Wars’. This Parliamentary Inquiry is required to find out what has gone wrong.   

Shadow Minister for Regional Health Gurmesh Singh said the illegal tobacco trade is putting pressure on small businesses especially in the regions.

“This issue is having a heavy impact on regional, remote and rural areas where there’s often a lack of capacity to do compliance checks,” Mr Singh said.

“These illegal operators completely undercut the legitimate businesses our communities rely on and the Minns Labor Government has completely dropped the ball on compliance activities.”

The Great Lakes community and Manning Hospital are set to benefit from a $355,000 funding boost from the NSW Government that will deliver more inpatient rooms and a better equipped clinical care space.

The funding is part of the NSW Government’s $12 million investment in 61 projects under the Regional Health Minor Works Program.

The planned works at Manning Hospital include $105,000 to transform a non-clinical area into a new clinically supported three bed inpatient accommodation unit.

A further $250,000 has been committed to relocate the Chronic Care Service from the Manning Hospital campus and to refurbish the existing Nita Reed building which will deliver high-quality rehabilitation services for the community.

The upgrade works at Manning Hospital are in addition to the $180 million Lower Mid North Coast Health Service Project which merges the Manning Hospital Redevelopment Stage 2 along with the planned investment towards public health services in Forster-Tuncurry. 

Enabling works to prepare the site for construction of the Stage 2 Redevelopment have begun which will involve the demolition of the administration building and a number of surrounding buildings. 

Minister for Regional Health Ryan Park:

“The NSW Government is committed to investing in health infrastructure to support better health outcomes for rural and regional communities.

“The Regional Health Minor Works Program allows local health districts to upgrade equipment and health facilities to enhance the working environment for health staff and improve patient experiences.

“The Program is one of a number of investments the NSW Government is making to strengthen rural and regional health services, so people have access to the best possible care close to home.”

Government Spokesperson for Myall Lakes Emily Suvaal:

“This investment by the NSW Government will benefit the local community with new beds and a refreshed space to enable relocation of a community-based service from the Hospital campus.

“The community will also see work commencing as part of the $180 million Lower Mid North Coast Health Service project, that includes the Manning Hospital Redevelopment Stage 2 and Forster-Tuncurry health facility projects.”

The Minns Labor Government investing more than $6.9 million to develop a new refuge for victim-survivors of domestic and family violence in Wingecarribee.

The new Core and Cluster refuge will be delivered by Hume Community Housing (Hume). With a development site now acquired, the refuge is expected to be completed in 2026.

The project will include six self-contained units that enable independent living, family and pet-friendly common areas, and private spaces for residents to receive on-site support.

The refuge will be a critical addition to the local service system supporting women and children leaving violence.

It will be located in a peaceful area that is also close to public transport and other amenities, ensuring women and children have easy access to schools, shops, and essential support services.

Hume has more than 30 years’ experience delivering affordable and social housing across NSW, and already provides social, affordable, and specialist disability housing for more than 9,000 people.

The NSW Government has invested $426.6 million over four years in the Core and Cluster program, which provides women and childing fleeing violent situations with crisis accommodation and on-site counselling, legal assistance, education, and employment support.

Once completed, the 49 Core and Cluster projects will support more than an additional 2,900 victim-survivors of domestic violence each year.

This is part of the Minns Labor Government’s whole of government, whole of community response to domestic and family violence in the state. With an additional $245.6 million in last year’s budget, the government is working to boost crisis response, reform bail laws and hold perpetrators accountable, as well as intervene earlier so violence doesn’t escalate and roll out the state’s first dedicated Primary Prevention Strategy.

Minister for Housing and Homelessness Rose Jackson said:

“Domestic and family violence is a major cause of homelessness in New South Wales – that’s why we are committed to delivering more housing solutions for women and children escaping violent and abusive situations.

“We want victim-survivors to know they will have a safe place to stay when they leave an abusive relationship.

“More than just a roof over their head, these new refuges also ensure women and their children have the support they need to heal and rebuild their lives.”

Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said:

“There is an urgent need for housing across the state, especially for women and children fleeing domestic and family violence.

“Through the Core and Cluster program, the New South Wales Government will deliver 49 new refuges for victim-survivors of domestic violence – many in regional and rural parts of the state – including one here in the Wingecarribee LGA.

“The design of these projects means residents will not only have the privacy of independent living areas but also have access to on-site support, so they can recover from the trauma they’ve experienced and learn to live free from violence and the fear of violence.”

Labor spokesperson for Goulburn Bob Nanva MLC said:

“There is nothing as important as having access to a safe and secure home. These refuges will not only provide shelter, they will provide a sense of peace and hope for families in need.”

Brad Braithwaite, CEO of Hume Community Housing said:

“Domestic and family violence is the leading cause of homelessness for women and children. If we are going to address domestic violence we must invest in housing, Mr Braithwaite said.

“Access to safe housing should never be the reason why a woman or child stays in a violent, abusive home. Hume is proud to be partnering with the NSW Government and Women’s Community Shelters to deliver and asset manage this independent living refuge and core facility.

“At Hume we believe everyone should have access to a safe, secure and affordable home.”