Raise the Age - Where do Australian states and territories stand on reform?
Researched and drafted by WAJA’s Advocacy Team.
In many countries, the minimum age of criminal responsibility is already 14 or higher. The overwhelming medical and criminological consensus is that children under 14 do not have sufficient neurological development to form criminal intention and be criminally responsible for their actions. They are still developing mentally, physically, and emotionally. Children are extremely vulnerable to harm which means that being exposed to the criminal justice system can cause lifelong developmental and mental health trauma. However, despite all the evidence, recommendations, and viable alternatives, Australian states and territories are still imprisoning kids as young as 10.
Here is where they all currently stand on raising the age.
Western Australia
In October 2021, Western Australian Labor passed a motion brought forward by Federal Labor MP Sue Lines to raise the age from 10 to 14. The party also committed continual funding to successful early intervention and prevention programs in the state budget. WA Attorney General John Quigley has also noted ongoing discussions about raising the age among the nation’s Attorneys-General. However, action on this motion or advancement of substantial policy change is still yet to be seen and there have been no updates since last year.
South Australia
The South Australian Government, Youth Court, Police, and Commissioner for Victims Rights have all agreed that there needs to be better protection and support programs for young offenders before legislating to raise the age. However, plans for a justice reinvestment program (which would provide an alternative to incarceration for young kids) were put on hold when the State Government ceased funding in 2018. There has been no further action or news on this matter.
Queensland
On March 15 2022, the Parliamentary Community Support and Services Committee rejected a bill to raise the age of criminal responsibility to 14 years. Despite the overwhelming evidence and recommendations in support of the bill, the Committee claimed that “there is more work to be done” before a move like this can even be considered. Berkman responded to the Committee’s report by explaining that this position will improve the lives of less than 10% of the 10-13-year-old children currently in custody in QLD and contradicts Australia’s international human rights obligations and the immense medical and criminological evidence.
New South Wales
New South Wales Attorney General Mark Speakman and the Department of Communities and Justice deputy secretary Paul McKnight recently reported the unacceptable number of children convicted in 2021 at the NSW Budget Estimates hearing on March 16 2022. When asked by Greens MLC David Shoebridge when the Government plans to raise the age, Speakman confirmed that no formal decision has been made. Speakman stated that the Government is in the process of exploring a “harmonised approach” Australia-wide to raise the age. Cheryl Axleby, Co-Chair of Change the Record, said that this position was in direct conflict with the Government’s Closing the Gap agreement, as 54% of these children were Indigenous.
Victoria
In June 2021, the Our Youth, Our Way report was released in Victoria by the Commission for Children and Young People. The report made 75 recommendations to “re-imagine” the youth justice system and address the over-representation of Aboriginal children, with a particular focus on raising the age to 14. While the Victorian Government supported 67 of the inquiry’s 75 recommendations, legal reform remains under review. A Government spokesperson stated that Victoria is first working to develop and consider a proposal to raise the age to 12, despite the clear evidence and recommendations to raise the age to at least 14.
Australian Capital Territory
In 2021, the ACT Government committed to raising the age of criminal responsibility from 10 to 14, with new legislation set to be introduced this year. The ACT will be the first jurisdiction in Australia to legislate to raise the age, with ACT Attorney General Shane Rattenbury hoping that the ACT’s action serves as a demonstration for the other states and territories on this crucial issue.
Northern Territory
In 2017, the Final Report of the Royal Commission into the Protection and Detention of Children in the Northern Territory was tabled in the Federal Parliament. Amongst the recommendations accepted by the NT Government was a recommendation to raise the age. However, little to no action has been made in the 5 years since then, with even more children being detained today. There have been talks to increase the age to 12 – a proposal that has been widely criticised as being inadequate by advocates and experts.
Tasmania
In October 2021, a motion to raise the age to 14 was passed in the Tasmanian Legislative Council. However, since November 2021, when all State Attorneys General agreed to support the development of a proposal to increase the minimum age to 12, Attorney General Elise Archer stated that Tasmania has been working closely with other states to uniformly raise the age to 12 instead of 14.
REFERENCES
Rachel Knowles, “WA Labor passes motion to raise the age,” National Indigenous Times, October 5, 2021.
Stephanie Richards, “SA risks failing children if it lifts criminal age from 10,” In Daily Adelaide Independent News, July 13, 2021.
Matt Dennien, “Bill to Raise Age of Criminal Responsibility to 14 in Queensland Rejected by Committee,” Brisbane Times, March 15, 2022.
Tony Kelm, “Parliamentary Committee Rejects Bill to Raise The Age of Criminal Responsibility,” Proctor, 16 March, 2022.
Rachel Knowles, “Demands to Raise Age After Revelations NSW Govt Still Locking Up 11 Year Olds,” NITV, 18 March, 2022.
Joseph Dunstan, “Victoria Under Pressure to Raise Criminal Age as Aboriginal Youth Justice Strategy Unveiled,” ABC News, 18 February, 2022.
“Report Calls for Re-imagined Youth Justice System to End Over-representation of Aboriginal Children and Young People,” Commission for Children and Young People, 9 June, 2021.
Ellen Ransley, “ACT Committed to Raising Age of Criminal Responsibility from 10 to 14, New Report Affirms,” NCA NewsWire, 11 October, 2021.
Deborah Di Natale, “The Long, Delayed and Harmful Road to Raising the Age of Criminal Responsibility,” Pro Bono Australia, 22 November, 2021.
Amy Hall, ”Prominent Tasmanians Call for State to Raise Age of Criminal Responsibility to 14,” SBS News, 25 October, 2021.
Matt Maloney, ”Australian Attorneys-General Agree to Raise the Age of Criminal Responsibility to 12 Years Old,” The Advocate, 15 November, 2021.