The ACT Government will introduce a bill into the Legislative Assembly on Tuesday to raise the minimum age of criminal responsibility – making the ACT the first Australian jurisdiction to legislate an increase to 14 years.
“This is a significant reform to justice in the ACT that recognises the evidence around young people who engage in anti-social behaviours. In the ACT we will seek to address the factors that cause young people to offend – like trauma, abuse, neglect or unmet health needs – and to help young people rather than criminalise them,” said ACT Attorney-General Shane Rattenbury.
The Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 will raise the minimum age of criminal responsibility to 12 years on commencement, and to 14 years by 1 July 2025.
“The two-stage approach will allow the Government to implement the reforms in relation to children aged 10-11 initially, allowing the alternative service system to be rolled out for all young people, before applying these reforms for 12–13-year-olds.
“The reforms in this Bill will help address the factors which impact children and young people under 14 who engage in harmful behaviour, rather than criminalising them. Addressing the underlying needs of this cohort will reduce recidivism and support the wellbeing of young people in the community.”
The Bill will include a schedule of four exceptionally serious offences that will maintain a minimum age of criminal responsibility of 12 years when the age is further raised to 14 years, with the aim of ensuring harmful behaviour of this nature is appropriately addressed.
“The Bill recognises and maintains the rights of victims of harmful behaviour by protecting victims’ interests and providing for victim participation and support in relation to any harm caused by children and young people aged 10 to 13 years.”
“The Bill will also support all children and young people under the age of 18 involved in the criminal justice system by introducing a new community-based intensive therapeutic sentence called a Therapeutic Correction Order.
“The Order will provide wraparound services for a young offender convicted of a criminal offence to ensure they receive assistance to address their needs and reduce the likelihood of reoffending.”
Minister for Families and Community Services, Rachel Stephen-Smith said the Bill is expected to have a significant, positive impact on the long-term wellbeing of at-risk children and young people, their families and the broader community.
“Raising the age is an opportunity to change the life trajectory of some of the most disadvantaged children and young people in our community.
“This is about building a better system to support children and young people whose complex lives lead them to engage in behaviour that is harmful to themselves and others.
“The Bill will provide a framework for an alternative service system, creating a continuum of support for children and young people at risk. The Government is already investing in new services to support these children and young people, with an initial commitment of almost $2 million over four years in the 2022‑23 Budget Review.”
Assistant Minister for Families and Community Services, Emma Davidson said this is an important step to stop the cycle of children and young people entering the criminal justice system.
“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.”
“We will ensure that children and young people engaging in harmful behaviour are provided with a response that addresses the underlying causes and provides them with the supports they need to live healthy lives.
Raising the age of criminal responsibility is an ACT Government commitment under the Parliamentary and Governing Agreement for the current term of the Assembly.
