If your child has come to the attention of NSW Police, the first question is usually how old they are. In New South Wales a child under 10 cannot be charged with any crime at all, and children aged 10 to 13 are given special protection by a rule called doli incapax. This page explains, in plain English, how the law works in 2026, what happens next, and where to get free help. To talk it through now, call 1800 951 176.
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In New South Wales the minimum age of criminal responsibility is 10. A child under 10 cannot be charged with, or found guilty of, any criminal offence. Children aged 10, 11, 12 and 13 can technically be charged, but the law presumes they are not criminally responsible unless the prosecution proves the child knew that what they did was seriously wrong (this is the doli incapax rule). From the age of 14, a young person is treated as fully criminally responsible, though they are still usually dealt with as a child in the Children's Court until they turn 18. NSW did NOT raise the age in the December 2025 reforms - it stayed at 10 - but it did change (codify) how the doli incapax test works from 1 March 2026.
This is the moment to get advice before anything is signed or admitted. Because of doli incapax, what a 10 to 13 year old says about whether they knew their actions were wrong can be the difference between the case going ahead and the case being dropped. Children have the right to have a support person and a lawyer with them, and they do not have to answer police questions beyond confirming their name and address. If police want to interview your child, you can ask to speak to a lawyer first - the free Legal Aid NSW Youth Hotline operates for exactly this situation. Get help before the interview, not after.
What actually happens depends heavily on the child's age and the seriousness of what is alleged. Here are the common pathways in NSW.
Help for children and young people in NSW is free and confidential. You do not need money to get a lawyer for a child in the Children's Court. Start with any of these services.
Free legal advice and court representation for under-18s in criminal matters. The Youth Hotline is staffed by specialist children's solicitors.
Free starting point for any legal problem in NSW - information, advice and referral over the phone or by webchat on 1300 888 529.
Free legal advice and representation for Aboriginal and Torres Strait Islander children and adults in criminal matters - call 1800 765 767.
Free, confidential legal information and advice for people under 25 and those who care for them, with NSW-specific guidance online.
What is the minimum age of criminal responsibility in NSW?
It is 10 years. Under section 5 of the Children (Criminal Proceedings) Act 1987 (NSW), a child under 10 cannot be charged with or found guilty of any criminal offence.
Did NSW raise the age of criminal responsibility?
No. Despite the Australian Capital Territory raising its age to 14 and Victoria to 12, NSW kept its minimum age at 10. The December 2025 reforms changed how doli incapax works from 1 March 2026, but did not raise the age.
What is doli incapax?
Doli incapax is a rule that presumes a child aged 10 to 13 is not criminally responsible. To convict the child, the prosecution must prove beyond reasonable doubt that the child knew, at the time, that what they did was seriously wrong - not just naughty or mischievous.
What changed about doli incapax on 1 March 2026?
NSW wrote the doli incapax test into legislation for the first time. The law now makes clear a court can decide a 10 to 13 year old knew their conduct was seriously wrong from the facts and circumstances of the offence alone - such as planning or hiding what happened - which can make the presumption easier to rebut, though the prosecution must still prove that knowledge.
Can a child under 10 get in trouble with the police?
A child under 10 cannot be charged or prosecuted. Police may still respond through welfare and child-protection services, and parents may be involved, but there can be no criminal charge or record.
What is the age 10-13 'seriously wrong' test exactly?
It means the prosecution must prove the child understood their act was seriously wrong as a matter of right and wrong - a higher bar than knowing it was against the rules. This was confirmed by the High Court in RP v The Queen [2016] HCA 53, a NSW case.
Will my child get a criminal record?
Not necessarily. Many matters involving children are dealt with by warning, caution or youth justice conference under the Young Offenders Act 1997 (NSW), which do not result in a court conviction. Even in the Children's Court, there are options that avoid recording a conviction.
What is a youth justice conference?
It is a meeting that brings the young person and their family together with the victim and a facilitator to agree on an outcome - such as an apology or repair - instead of going to court. It is one of the diversion options under the Young Offenders Act 1997 (NSW).
Until what age is someone treated as a child in NSW?
Generally a person is dealt with as a child in the Children's Court for offences committed while they were under 18. From 14 they are criminally responsible, but the youth-focused Children's Court process still usually applies.
Does my child have to answer police questions?
No. A child generally only has to give their name and address. They have the right to silence and the right to have a support person and lawyer present. It is best to get advice from the free Legal Aid NSW Youth Hotline before any interview.
Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.
If a child aged 10 to 13 is being questioned or charged, a lawyer should be involved straight away - because the doli incapax rule means the case can turn entirely on whether the prosecution can prove the child understood their actions were seriously wrong. A specialist children's lawyer can argue the presumption is not rebutted, push for a caution or youth justice conference instead of court, and make sure the child is not pressured into admissions. For any child in the Children's Court, representation is free through the Legal Aid NSW Children's Legal Service or the Aboriginal Legal Service. The earlier you get advice, the more options stay open.
Join our lawyer network →Facing the criminal justice system with a child is frightening, but you have more protection and more options than you might think - especially for children under 14. The most important step is to get advice before your child is interviewed or signs anything. Call our free Australian legal information line on 1800 951 176 and we can explain how the NSW rules apply to your situation and connect you with the right lawyer or service. Free legal information, not legal advice.
Call Free 1800 951 176Free legal information. Not legal advice.