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 on Wednesday represents a historic reform that will 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, government ministers said.
“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,” Attorney-General Shane Rattenbury said.
“Children in our community, especially those engaging in harmful behaviour, need our care and attention, not to be locked away in prison…
“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.”
The ACT Government will establish an alternative service response to provide therapeutic supports for children and young people, including Indigenous youth, Rachel Stephen-Smith, ACT Minister for Families and Community Services, announced.
A Therapeutic Support Panel work with children and young people who engage in harmful behaviours, and their families and carers, to reduce the likelihood of their reoffending.
“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,” Ms Stephen-Smith said.
“All the evidence tells us that young people under 14 years are not developmentally able to form criminal intent,” Emma Davidson, Assistant Minister for Families and Community Services, said.
“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.”
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 amendments to address the Committee’s recommendations.
“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,” Mr Rattenbury said.
“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.”
