Age of Criminal Responsibility of Children

In 2022-23 there were 554 young people nationally under community-based supervision and 600 in youth detention between the ages of 10 and 13. Over 70% were Aboriginal and Torres Strait Islander children.

Overwhelmingly, these children have complex needs due to experiencing trauma and adversity from entrenched socio-economic disadvantage. The overrepresentation of Aboriginal and Torres Strait Islander children is indicative of the generational trauma and continued social and systemic inequity experienced by Aboriginal and Torres Staite Islander people.

Australia has one of the lowest ages of criminal responsibility in the world, in direct contradiction of international human rights standards. The United Nations Committee on the Rights of the Child (UNCRC) recommends the minimum age be increased to at least 14 years of age - commending State parties with higher minimum ages. UNCRC notes that developmental and neuroscientific evidence indicates that adolescent brains continue to mature even beyond the teenage years.

More than a decade of research consistently shows that exposure to the criminal justice system during a critical period of brain development adversely impacts the health, well-being and long-term outcomes for children. It is particularly harmful to children with developmental delay, experiences of complex trauma or disability. Correctional settings have been repeatedly shown to entrench disadvantage and are an incubator for recidivism. Detaining children typically does not change the behaviour or address the circumstances that have lead to the involvement of youth justice.

Further, while there is much research correlating low minimum age of criminal responsibility (MACR) with poor outcomes for impacted children, the research does not indicate that countries with a higher MACR experience higher rates of complaints due to anti-social behaviour of children.

Therapeutic responses to concerning behaviour trialled around the country have been successful in diverting children away from the youth justice system. Allies for Children calls for the governments of each state and territory to raise the age of criminal responsibility to at least 14 years old, with no exceptions.