Key points
- The decision has been made amid medical evidence that children may not understand their behaviour's consequences.
- The United Nations is advocating that the minimum benchmark should be no lower than 14.
- There will be a review for another increase to 14 by no later than 2027.
Victoria is set to raise the age of criminal responsibility from 10 to 12 years before possibly lifting it again to 14 within four years.
Cabinet ministers approved the plan ahead of federal, state and territory attorneys-general meeting in Darwin on Friday.
"We want to make sure that no young person falls through the cracks," Attorney-General Jaclyn Symes told reporters on Wednesday.
"We want to make sure that the system is in place to coincide with raising the age to 14."
She said medical evidence indicates very young children are at a critical stage of cognitive development and may be incapable of understanding their behaviour is seriously wrong, therefore they are unable to form criminal intent as defined by law.
Consultation will now start on the reforms, with the laws to be introduced to parliament this year and the age of 12, with no exceptions, to be implemented in late 2024.
There will then be a review for another increase to 14 by no later than 2027, with some exceptions for certain crimes, Ms Symes said.
Protesters outside the Department of Corrective Services and the Department of the Attorney General during a rally in Perth, Thursday, 14 July, 2022. Source: AAP / Richard Wainwright
Increasing the age to 14 will be subject to the design and implementation of an alternate service model for 12- and 13-year-olds done in consultation with an independent review panel.
Children as young as 10 can currently be arrested, remanded and jailed in juvenile detention if found guilty of committing a crime.
The United Nations, child welfare groups, medical experts, human rights lawyers and Indigenous advocates say the minimum benchmark should be no lower than 14.
First Peoples’ Assembly Co-Chair and Bangerang and Wiradjuri Elder Aunty Geraldine Atkinson said the decision was "heartbreaking."
“I have very mixed emotions, I'm trying to focus on the positive that the increase is a slight improvement of the barbaric practice of sending 10 year old children to prison, but 12 is not something to celebrate, it's not a welcome move.
She said First Peoples have been very consistent in saying it needs to be at least 14.
"We know too well the damage that is inflicted when our children are removed from community."
"We have a Voice in Victoria and we've been using it - we've consistently and clearly urged the Government to raise the age to at least 14 years of age. Instead they've gone with the worse standard permitted under international law.”
CEO of Victorian Aboriginal Legal Services Nerita Waight said Aboriginal children are overpoliced and overincarcerated.
“The Government needs to ask itself, what is its role when it comes to children in Victoria? Does it want to provide protection and support, or does it want to inflict trauma and harm?" she said.
"Today’s reports that the Government has rejected expert calls suggests they are comfortable making decisions that will perpetuate trauma and harm.”
Earlier this year, Premier Daniel Andrews flagged Victoria would go it alone on the age of criminal responsibility if a national consensus couldn't be reached.
The Northern Territory government is raising the age to 12 in the second half of 2023, while the ACT government plans to lift it to 14 by 2026.
Tasmania intends to raise the minimum age of detention to 14 but keep criminal responsibility at 10.
The Royal Australasian College of Physicians on Friday urged Ms Symes to listen to the experts and raise the age to 14 with no exceptions.
Its president and pediatrician Jacqueline Small said many children in the youth justice system have significant neurodevelopmental disabilities and mental health needs, which are compounded by incarceration and system contact.
"Children under 14 years may not have the level of maturity and cognitive function to be considered criminally responsible," Dr Small wrote.
"Raising the age of criminal responsibility to 14 years is critical to protecting the health and wellbeing of children and young people at risk of incarceration, especially Aboriginal and Torres Strait Islander children and children with developmental disabilities."
First Peoples' Assembly co-chair Aunty Geraldine Atkinson was heartbroken by the prospect of a delay raising the age to 14.
"We know too well the damage that is inflicted when our children are removed from community," the Bangerang and Wiradjuri elder said.
Liberty Victoria said it was a "weak decision from a (government) still paranoid about being wedged on law and order instead of committing to evidence-based reform".
