21 October 2024

"We firmly believe that the minimum age of criminal responsibility should be 14 across all Australian jurisdictions.” - Claire Robbs.

Image: A young boy stands against a wooden wall, looking at the camera.

Life Without Barriers is deeply concerned and alarmed by the decision from the Northern Territory Government to pass legislation that lowers the age of criminal responsibility from 12 years of age to 10 years. This is a significant step backward in the effort to protect vulnerable children and break cycles of disadvantage.

While some states and territories have made positive progress towards changing the relevant legislation, Australia's minimum age of criminal responsibility lags behind the rest of the world, with the global median age being 14-years-old.

Australia's prison and detention settings are not designed or funded to nurture, heal or restore. Prisons deepen trauma, and isolate and damage a child’s physical and psychological resilience and development. The research consistently shows that early exposure to the criminal justice system increases the likelihood of long-term involvement.

"We firmly believe that the minimum age of criminal responsibility should be 14 across all Australian jurisdictions,” said Claire Robbs, Chief Executive.

"The evidence is clear, early detention harms young people, is ineffective, and entrenches social disadvantage. Placing children as young as 10 in prison is not a solution. Instead, we need to have support services that are compassionate, adequately resourced, and trauma-informed.”

"We don't have to choose between children and community safety."

"The solution is for the Northern Territory Government to listen and embrace the existing research and evidence and make a different choice for the long term."

Life Without Barriers provides support to thousands of children in child protection and out-of-home care who are more likely to have interactions with the criminal justice system, despite already being one of the most vulnerable groups in society.

Lowering the age of criminal responsibility will also have a substantial impact on Aboriginal and Torres Strait Islander children who are already vastly over-represented in the justice system in every state and territory, despite making up just 6% of Australians aged 10-17.

Lowering the age of criminal responsibility is short-sighted, ignores evidence, and is not the most effective path to community safety.

"This decision will have catastrophic consequences on Aboriginal and Torres Strait Islander children. Our organisation will continue to partner to support decision makers to understand they can pass laws that promote the positive futures of children, not ones that cause irrevocable harm,” said Claire Robbs.

Life Without Barriers remains committed to creating safer communities by addressing the root causes of youth offending, such as trauma, intergenerational disadvantage, and systemic inequities that often lead children into the justice system.

Our focus must be on keeping families together, providing vulnerable children and young people with the support they need, and ensuring access to education, family, and community support, and meaningful opportunities.

Life Without Barriers will continue to advocate for the minimum age of criminal responsibility to be raised across the country to 14 years. We will also continue to promote and work with governments to embrace trauma-informed, person-centred care that prevents youth involvement in the criminal justice system.

What can you do to help?

  1. Join the Raise the Age campaign and advocate for the age of criminal responsibility of children to be a minimum of 14 years old. Sign the petition.

  2. Write to your Premier/Chief Minister and local MP.

  3. Become an informed voter and advocate for greater public discussion on criminal justice law and policies that affect children.

We Put Children First

Our stance on child safety and wellbeing.

Related Stories