ACT Raises the Minimum Age of Criminal Responsibility to 14

The Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 was passed in the legislative assembly on Nov. 2.

The Australian flag is seen at full mast on the forecourt of Parliament House in Canberra, Australia on Sept. 11, 2022. Mick Tsikas - Pool/Getty Images

In an Australian first, the ACT will raise the minimum age of criminal responsibility to 14 from July 1, 2025.

The Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 was passed in the legislative assembly on Nov. 2.

Under the changes, children under 14—except those aged 12 and 13 who commit particularly severe and intentionally violent offences—will not be held criminally responsible for harmful behaviour.

Instead, they will have support to address their behaviour’s underlying causes and change their life trajectory.

The reform will first raise the minimum age of criminal responsibility from 10 to 12—and then to 14.

Attorney-General Shane Rattenbury said raising the age would divert Canberra’s children from crime and reoffending toward a safer, more connected community.

Mr Rattenbury said it would also “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 broader ACT community.”

“Children in our community, especially those engaging in harmful behaviour, need our care and attention, not to be locked away in prison,” he said.

It comes after Indigenous Australian campaigners championed the need for the reform.

An inquiry on the reform then received 23 submissions from advocates, experts, and members of the public, which the government has taken into consideration.

Services to Tackle Emotional Complexities

Along with delaying children’s interaction with the justice system, the legislation also boosts services and programs that break disadvantage cycles.

Families and Community Services Minister Rachel Stephen-Smith said programs were about addressing challenges.

Specifically, Ms. Stephen-Smith said children who engage in harmful behaviour often experience complex “trauma, abuse, homelessness, neglect, and unmet disability and mental health needs.”

To address the issues, she said, “This reform includes the establishment of an alternative service response to deliver effective therapeutic supports for children and young people.”

She said a Therapeutic Support Panel is central to the alternative service response. The Panel will work with the children and their families and carers to reduce the likelihood of re-engaging.

“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,” she said.

She added it will have lifelong impacts and move these youth towards a brighter future.

Aboriginal and Torres Strait Islander Children and Young People Advocate Barbara Causon said the service responses also aim to address Indigenous Australian children who are “over-represented” in the juvenile justice system.

“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,” Ms. Causon said.

An Indigenous child is 22 times more likely to be in detention than a non-Indigenous young person, according to the Australia Institute think tank.

The Institute added that every Australian state and territory imprisons Indigenous children at a disproportionate rate.

Youths and children wave the Australian Aboriginal flag as protesters participate in an "Invasion Day" demonstration on Australia Day in Sydney on Jan. 26, 2022. Steven Saphore/AFP via Getty Images

But Service Investment Is Needed

ACT Children and Young People Commissioner Jodie Griffiths-Cook said there needs to be continued service investment to ensure they are always available when needed.

“A safer, healthier community relies on doing everything we can to enable children, young people, and their families to access the right supports at the right time,” she said.

“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.”

The Age Should Have Been Raised to 12, Opposition Says

However, opposition MLA Peter Cain opposed the ACT increasing the age of criminal responsibility to 14.

Mr. Cain said the age should only be increased to 12 as the Northern Territory had done.

He said, “Taking it to 12 is a good move; we'll be the second jurisdiction in Australia to do so.”

He was concerned that raising the age to 14 would create a significant legal inconsistency with neighbouring jurisdictions, with the risk of unintended consequences.

He added that 14 was the highest age of criminal responsibility in Australia while “confusingly” including “carve-outs” for 12- and 13-year-olds.

“The proposed carve-outs for children aged 12 or 13 years convicted of severe crimes such as murder or sexual assault further represent a profound legal inconsistency and is logically incoherent,” he said.

However, Mr. Cain’s amendments to the bill were not supported.

Meanwhile, the ACT Law Society was also concerned about the exceptions.

The Society consistently advocated for the minimum age of criminal responsibility to be raised to 14, without exception.

The Society President Farzana Choudhury said, “We believe that carving out exceptions undermines the purpose and rationale of raising the age.”

Overall, she was concerned the reforms don’t go far enough to align Australia with United Nations standards.