Strong support for raising the minimum age of criminal responsibility

2021-11-05

Public consultation on the ACT Government’s reform to raise the minimum age of criminal responsibility in the ACT has shown there is strong support for the change in the ACT community.

The ACT Government received 52 submissions on its discussion paper released in June, with more than 90 per cent of submissions supporting raising the minimum age of criminal responsibility from 10 years.

A key theme across the submissions was the need for integrated, accessible and specialised services for children and young people who are at risk of causing harm to themselves or others. Attorney-General Shane Rattenbury welcomed the public’s input on the reform.

“The ACT Government is committed to this important reform, including putting the integrated support and services in place that these children and young people need to put their lives back on track,” Attorney-General Rattenbury said.

“The submissions echo what we heard in the independent review of the system and its recommendation that any reform close service gaps and provide alternative therapeutic models for children at risk.

“Both the community submissions and the independent review will help inform our legislation to raise the minimum age of criminal responsibility, as well as how the service system can be strengthened to support this important criminal justice reform.

“We hope our progress on this issue demonstrates to other jurisdictions in Australia that raising the age is not only the right decision, but there is a practical pathway forward, and it’s supported by the community.”

Minister for Families and Community Services Rachel Stephen-Smith said the consultation and independent review have confirmed that raising the age of criminal responsibility is the right thing to do, but the implications need to be carefully considered.

“This consultation has highlighted the importance of providing children and young people access to holistic and therapeutic supports to address the causes of harmful behaviour,” Ms Stephen Smith said.

“We know that children and young people who come into contact with the youth justice system often have complex lives. While young people need to be accountable for the impact of their actions on others, it is better for everyone if they are supported to address their challenges and diverted from later engagement in the justice system.

“We value the community’s insights through this consultation process. As this vital work progresses, we will continue to work with children, young people and their families, as well as with victims, advocates, legal sector representatives and our non-government partners.”

The Minister responsible for Youth Justice, Emma Davidson, said that it takes a village to raise a child and this process is essential to ensure people in our community are involved throughout and beyond this legislative reform.

“Everyone in our community should be able to access support when they need it and where they need it. Raising the age of criminal responsibility is not just about legislative change, but also ensuring more people receive support for their needs and feel empowered to seek help when they face challenges,” Minister Davidson said.

“Through this work, Canberra will become a more supported, accessible, inclusive, and connected community. It truly takes a whole community response to support children and young people so they can have the best possible outcomes as they grow, develop and participate across our city.”

The Listening Report and the submissions can be found on the Justice and Community Safety Directorate’s Raising the Age page.

Breakdown of submissions to ACT Government Discussion Paper:

  • 19 submissions from peak bodies or advocacy groups;
  • 11 from ACT service providers;
  • 10 from community members;
  • 6 from Aboriginal and Torres Strait Islander organisations;
  • 3 from academics; and
  • 3 from ACT Government entities.