2023-11-01
The ACT Greens today sought to insert sunset clauses in the Minimum Age of Criminal Responsibility legislation, to automatically end carve-outs that will continue to criminalise children aged 12 and 13 for certain acts, but were defeated by Labor and Liberals in the Legislative Assembly.
“The ACT Greens are so proud to have passed legislation today to increase the age of criminal responsibility. We are also proud to have tried to insert a sunset clause on the exceptions that continue to expose children to harm from the criminal justice system,” said Andrew Braddock MLA.
“Children aged 12 or 13 are unable to form criminal intent,” Mr Braddock said.
“Even the ACT Police did not support the exceptions in this bill, because in their experience children, regardless of the crime type, do not have the cognitive ability to understand their actions.
“The sunset clause I tried to introduce today was supported by all Greens MLAs, including Attorney-General Shane Rattenbury and Youth Justice Minister Emma Davidson, but rejected by all Labor MLAs.
Children alleged to have committed four types of offences could still be tried and imprisoned through the justice system, instead of being diverted into the therapeutic services established in the bill. This element of the bill will be re-examined in a review in five years’ time, but the Greens’ sunset clause would have seen the exceptions lapse automatically, unless the government of the day made a deliberate decision to retain them.
Mr Braddock developed, consulted on, and moved the Greens amendments, in line with the ACT Human Rights Commissioner’s recommendation that the exceptions be subject to a sunset clause.
“The ACT Greens support experts and First Nations campaigners who have called on governments to raise the age with no exceptions, but remain proud of the enormous shift in youth justice that the ACT Government has achieved today,” Mr Braddock said.
“Putting a sunset clause on carve-outs, in line with the ACT Human Rights Commissioner’s recommendation, would have made the bill consistent with human rights, while providing the ACT Government time to ensure necessary therapeutic services are in place.
“It was a Greens motion in the Assembly in 2020 that first saw both governing parties commit to raising the age. We then secured that commitment in the Parliamentary and Governing Agreement and are so proud of everyone who has had a hand in helping to deliver it today.”