2021-06-23
As Australia’s first jurisdiction committed to raising the age of criminal responsibility, the ACT Government has today released a discussion paper, calling for expert and community input on how to implement this important reform.
The Government is seeking views on how children and young people engaging in harmful behaviours should be supported and held accountable.
“Children as young as 10 belong in primary school, not prison,” Attorney-General Shane Rattenbury said. “When children are imprisoned, it sets the trajectory for the rest of their lives and increases the risk they will be involved in the adult criminal justice system as they grow up.
“Australia’s minimum age of criminal responsibility of 10 is well and truly out of step with the rest of the world, and we have been chastised for this by the United Nations Committee on the Rights of the Child. With the right supports in place, and a well-resourced youth sector, we can provide better alternatives to custody for children under 14.
“This discussion paper seeks community and expert input on what those supports should be, how they would work and other policy questions we will need to resolve to implement this historic reform.
“We want to explore how responses outside the traditional criminal justice system could provide options for therapeutic care and accommodation for young people, embed restorative approaches and support victims. Reducing children and young people’s interaction with the criminal justice system benefits all community members.
“Meeting the needs of at-risk children and young people and their families earlier in their lives, will ultimately lead to lower levels of offending and recidivism. This is particularly important for Aboriginal and Torres Strait Islander communities given their over-representation in the justice system.”
Minister for Families and Community Services, Rachel Stephen-Smith, said the ACT Government committed to raising the age because it is the right thing to do based on substantial evidence about children’s development and the impacts of engagement with the justice system.
“While not many children under 14 are incarcerated in the ACT, any engagement with the justice system can be traumatic," Minister for Stephen-Smith. "At the same time, under our current system, coming to the attention of youth justice agencies can also be a pathway to additional support for children and young people whose behaviour puts them or other community members at risk.
“In raising the age of criminal responsibility, we therefore need to strengthen our capacity to identify children and young people who need more help and to provide therapeutic interventions so we’re not just delaying engagement with the justice system but creating different trajectories for some of our most complex and traumatised young people.
“This discussion paper invites the input of the community sector workers and agencies who work with young people involved in the justice system every day, and the young people with lived experience themselves, to help ensure we are focussed on making change that works.”
Minister responsible for Youth Justice, Emma Davidson, said raising the minimum age of criminal responsibility is just one piece of the puzzle to create a Canberra where the Bimberi Youth Justice Centre is no longer needed in our community.
“Raising the minimum age of criminal responsibility requires us to design a diversion system that meets the underlying needs of children and young people away from the justice system," Minister Davidson said.
“This work gives us the opportunity to reimagine our entire youth justice system, making Bimberi Youth Justice Centre the last resort for as many young people as possible across all age groups.
“To do this, we must address the social determinants which lead young people into the youth justice system, such as trauma, family violence, disability and mental ill-health. Services must be holistic, accessible, and strength-based so that young people and families are supported, particularly when they are experiencing multiple complex issues.
“Young people need support and connection, with a well-resourced sector, to help them and their families during challenging times or crisis. This will create a system of early support that diverts all young people and children in the ACT away from imprisonment.”
Submissions in response to the discussion paper will complement an independent review of service system gaps and needs that is currently underway.
Emeritus Professor Morag McArthur is leading that review in partnership with Aboriginal consultancy, Curijo, and the Australian National University, which is focused on identifying service system needs and pathways to support children and young people engaging in harmful behaviours under a raised minimum age of criminal responsibility.
Raising the minimum age of criminal responsibility is a commitment made in the Parliamentary and Governing Agreement between ACT Greens and ACT Labor for the 10th ACT Legislative Assembly.
The discussion paper is available at https://www.yoursay.act.gov.au with comments open until Thursday, 5 August 2021.