Released 01/11/2023 - Joint media release
In an Australian first, the ACT Legislative Assembly has passed legislation to raise the minimum age of criminal responsibility to 14 from mid-2025.
The Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 passed today represents a historic reform that will initially raise the minimum age of criminal responsibility from 10 to 12 on commencement – and then to 14 from 1 July 2025.
These reforms will ensure a child or young person who engages in harmful behaviour is diverted away from the criminal justice system and provided with the therapeutic supports they need to address the underlying causes of their conduct and enable them to change their life trajectory.
The passing of the Bill delivers on the Parliamentary and Governing Agreement of the 10th Legislative Assembly to raise the minimum age of criminal responsibility.
An inquiry on the reform received 23 submissions from advocates, experts and members of the public. The Government has listened closely to feedback received through the Committee process and moved a number of amendments to address the Committee’s recommendations.
Quotes attributable to Attorney-General Shane Rattenbury:
“Today we set down a new path, diverting Canberra’s children away from harm, toward the support they need to be part of a safer and more connected community.
“Children in our community, especially those engaging in harmful behaviour, need our care and attention, not to be locked away in prison.
“I’m grateful to the many passionate people around the ACT and Australia who have helped make this reform possible, especially First Nations campaigners who have championed the need for this reform.
“Raising the age to 12 then 14 will bring the ACT into line with international standards, uphold our human rights obligations, and support positive and just outcomes for both vulnerable young people and the wider ACT community.
“This reform is part of my long-term project as Attorney-General and previously as Justice Minister to establish restorative justice as the norm in the ACT, where we seek to strengthen social bonds and repair relationships, rather than perpetuate an unending cycle of crime and punishment.
“Today’s legislation both raises the age and boosts the services and programs that are proven to work to break cycles of disadvantage and divert children away from crime and reoffending.”
Quotes attributable to Minister for Families and Community Services Rachel Stephen-Smith:
“Raising the minimum age of criminal responsibility has always been about diverting young people away from the criminal justice system and improving outcomes for them and the wider community.
“This cannot be simply about delaying interaction with the justice system. We need systems in place to support these young people to address the challenges in their lives.
“We know that children and young people who engage in harmful behaviour often experience complex issues related to trauma, abuse, homelessness, neglect and unmet disability and mental health needs.
“Importantly, this reform includes the establishment an alternative service response to deliver effective therapeutic supports for children and young people.
“An individual, therapeutic and culturally safe approach will also lead to better outcomes for Aboriginal and Torres Strait Islander children and young people, supporting them to remain connected to family, community, country and culture.
“Central to this alternative service response is the establishment of the Therapeutic Support Panel, which will work with children and young people who engage in harmful behaviours, and their families and carers, to ensure they can access the support they need to reduce the likelihood of them engaging in this behaviour in future.
“The reform will have lifelong impacts for these children and young people who, rather than being drawn into a cycle of criminality, will receive the therapeutic response they need to change their life trajectory, moving away from the criminal justice system and towards a brighter future.”
Quotes attributable to Assistant Minister for Families and Community Services Emma Davidson, with responsibility for Youth Justice policy:
"All the evidence tells us that young people under 14 years are not developmentally able to form criminal intent.
“We also know that children and young people aged 10 to 13, who engage in harmful behaviour that brings them into contact with police, often have unmet needs for mental health, disability, homelessness, drug and alcohol issues, and family violence.
"Incarcerating children is counterproductive to rehabilitation. By intervening early and diverting children and young people onto a healthier pathway, we can prioritise both the wellbeing of at-risk children and community safety."
Quotes attributable to Jodie Griffiths-Cook, ACT Public Advocate and Children and Young People Commissioner:
“Raising the age is a necessary milestone in our advancement of children’s rights and I commend the ACT Government for delivering on this important commitment.
“A safer, healthier community relies on doing everything we can to enable children and young people, and their families, to access the right supports at the right time.
“To that end, this reform provides a different pathway that centres on identifying needs early and responding to them quickly. But to truly improve outcomes and see the full benefit of this reform, there needs to be continued investment in services to ensure they are available when they are needed.
“Canberra’s children and young people deserve every opportunity to have the best possible future. Investing in them and this reform will help us achieve that.”
Quotes attributable to Dr Justin Barker, CEO of the Youth Coalition of the ACT:
“The Youth Coalition welcomes these landmark changes to divert children and young people away from the youth justice system and further adverse outcomes and harm.”
“Early support to children, young people and families is critical. The staged approach to implementation provides the ACT with an opportunity to develop and test the necessary therapeutic service and system supports, to ensure we are adequately and appropriately meeting the needs of children, families and the community.”
Quotes attributable to Barbara Causon PSM, Advocate, Office for ACT Aboriginal & Torres Strait Islander Children and Young People:
“Our First Nations’ children are currently over-represented in the juvenile justice system and this important reform, along with carefully considered, culturally informed, alternative service responses aims to address this concerning issue.
“The importance of involving our local Aboriginal community in the development and implementation of an alternative service response will go a long way to addressing the significant over-representation of our children in the juvenile justice system and have the potential to improve lifelong outcomes for our First Nations children and young people.”
- Statement ends -
Shane Rattenbury, MLA | Rachel Stephen-Smith, MLA | Emma Davidson, MLA | Media Releases