Victoria to Raise Criminal Age to 12 and then 14

Brisbane Youth Detention Centre at Wacol in Brisbane, Australia, on Aug. 24, 2020. (Glenn Hunt/Getty Images)

Victoria is set to raise the minimum age of criminal responsibility from 10 to 12 and then 14 by 2027 after the Victorian government announced it will reform the state’s juvenile justice system.

According to The United Nations, child welfare groups, medical experts, human rights lawyers, and Indigenous advocates, the minimum benchmark should be no lower than 14.

The state’s cabinet ministers approved the plan prior to a meeting between the federal and state attorneys general on April 28 to discuss a national approach to raising the age of criminal responsibility. 

Victorian Attorney-General Jaclyn Symes said that when very young children engage in dangerous behaviour, something has gone terribly wrong in their life.

“We need to respond effectively and compassionately whilst still making sure they’re accountable for their actions, ” Symes said.

“This important reform is a careful and considered first step towards making sure fewer children are entering the criminal justice system and ensuring the safety of all Victorians.”

Minister for Youth Justice Enver Erdogan said that he believed investing in social services that help children stop criminal behaviour was necessary.

“Instead of incarcerating 10 and 11-year-olds, it makes the community safer if we’re able to invest in services that help put these children on the right track so they can become adults who contribute positively to society,” Erdogan said.

Content of the Reform 

In the first stage of the reform, the state’s support services will assist 10 and 11-year-olds who committed crimes and their families by addressing the causes of the problematic behaviours and preventing them from contacting the criminal justice system.  

However, in serious offending, the Victorian government will work with the police on how to respond to the crime. 

The Victorian government said that after raising the criminal age to 12, it would move to lift the minimum age of responsibility to 14 by 2027. The second stage will involve designing and implementing a different service model for children aged 12 to 13 who violated the laws.

This will be in consultation with an independent review panel so that the youth justice system will have the capacity to protect at-risk children and the broader community.

Currently, in most Australian states and territories, the criminality age is 10, and children of that age can be arrested, remanded, and incarcerated in juvenile detention centres if found guilty of committing a crime.

However, the Northern Territory government passed a related bill in November 2022 and will raise the minimum age to 12 later this year.

The Supreme Court of Victoria is seen in Melbourne, Australia, on Aug. 21, 2019. (Darrian Traynor/Getty Images)

Additionally, the ACT government has planned to introduce a law to raise the minimum criminal age to 12 in 2023 and then to 14 within two years later, and Tasmania intends to raise the minimum age of detention to 14 but keep criminal responsibility at 10. 

The Victorian government has now started consultation with the community on the reforms, with the laws scheduled to be introduced to the Victorian parliament sometime this year. If passed, the minimum age of 12 will be implemented in late 2024. 

Response from the Victorian Government and Other Groups

Following the announcement, Victorian Attorney-General Jaclyn Symes said that the government did not lift the minimum criminal age directly from 10 to 14 to avoid unwanted consequences.

“I am very concerned that if you raise it too quickly, you’re going to have unintended consequences,” she said, as reported by The Age.

“You’re going to have kids falling through the gap, and you’re going to have a waiting list of kids stepping into custody at 14.

“We want to make sure that no young person falls through the cracks. We want to make sure that the system, the services, and the family supports are in place to coincide with raising the age to 14.”

Meanwhile, Dr Jacqueline Small, the president of the Royal Australasian College of Physicians, said that many children in the youth justice system had mental health issues, which were exacerbated by incarceration and system contact. 

“Children under 14 years may not have the level of maturity and cognitive function to be considered criminally responsible,” she said. 

“Raising the age of criminal responsibility to 14 years is critical to protecting the health and wellbeing of children and young people at risk of incarceration, especially Aboriginal and Torres Strait Islander children and children with developmental disabilities.”