The Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 will be debated today.
Last year, Attorney-General Shane Rattenbury announced he would seek to raise the minimum age of criminal responsibility to 12, and then to 14 years within the two years after that. The minimum age of criminal responsibility in Australia is only 10 – one of the lowest in the first world. In 2019, the United Nations called on Australia to raise the minimum age to at least 14; it was particularly concerned about the overrepresentation of Aboriginal and Torres Strait Islander children in the justice system.
However, Canberra Liberal MLA Peter Cain, Shadow Attorney-General, will seek to amend the Bill to make 12 the minimum age of criminal responsibility, without increasing it to 14 years old at this stage. Instead, his amendment would provide a sunset clause for an independent statutory review of the changes two years after commencement.
“The Bill in its current form is not fit for purpose and does not meet community expectations,” Mr Cain said.
“Informed by extensive stakeholder and community consultation, the Canberra Liberals believe that raising the minimum age of criminal responsibility to 12 years presents the most evidence-based option to reduce youth interactions with the criminal justice system.
“There is no doubt that the minimum age of criminal responsibility is presently too young and must be raised. It is not acceptable that 10-year-old children may be held criminally responsible for their actions.
“However, unilaterally raising the age to 14 years creates a significant legal inconsistency with our neighbouring jurisdictions, which comes with the risk of unintended consequences.
“The proposed carveouts for children aged 12 or 13 years convicted of severe crimes such as murder or sexual assault further represent a profound legal inconsistency and are logically incoherent.
“Essentially, Labor and the Greens are taking it too far, too early.
“This Labor-Greens government’s proposed reform is disjointed and disingenuous. They are approaching it from ideological perspectives, rather than evidential or pragmatic bases.
“The Canberra Liberals will champion the most evidence-based, sensible reform of this issue.”
ACT Greens MLA Emma Davidson, Minister for Youth Justice, said: “The ACT is the only jurisdiction with Greens in Government, and the only jurisdiction legislating to raise the minimum age of criminal responsibility to 14. This progressive reform only happens with Greens around the Cabinet table. We’ve listened to researchers, community advocates, and most importantly people with lived experience of the justice system, and we agree with them that raising the age to 14 without exceptions is the right thing to do.
“I, and my Greens colleagues, will continue the fight for better alternatives to the justice system, so that children are not engaging in harmful behaviour, but instead are living their best lives.”
