Andrews Government must listen to expert evidence and raise the age to at least 14
60 Victorian organisations in the Aboriginal, legal, health, faith, youth and human rights sectors, including the Victorian Aboriginal Legal Service, VACCHO, Jesuit Social Services and Human Rights Law Centre, have in a joint letter called on Premier Daniel Andrews and Attorney-General Jacyln Symes to commit to raising the age of criminal responsibility to at least 14, no younger, and with no exceptions.
Previously, the Standing Council of Attorneys-General (SCAG) had developed a proposal to raise the age to 12. This is despite a report prepared for SCAG in 2020 recommending that “the Commonwealth, State and Territory governments should raise the minimum age of criminal responsibility to 14 years of age, without exception”.
Earlier this year, Daniel Andrews announced that Victoria was willing to lead the nation and raise the age sooner than other states and territories in order to maintain Victoria’s reputation as “the most progressive in the country”. If that is the case, then the age of criminal responsibility must not be 10 or 12; the Andrews Government must raise the age to at least 14, with no exceptions.
Anything less would be a failure by the Andrews Government to listen to evidence and experts from Aboriginal, medical, legal and youth organisations, and over 65,700 Victorian people calling to raise the age of criminal responsibility to at least 14, and improve the lives of hundreds of children and young people in Victoria.
The Andrews Government has faced significant pressure for maintaining the age of criminal responsibility at 10. Key government ministers and high-ranking bureaucrats are expected to give evidence before the Yoorrook Justice Commission, the first formal truth-telling process into injustices experienced by Aboriginal and Torres Strait Islander people in Victoria, in April with critical law reform like raising the age of criminal responsibility set squarely on the agenda.
Quotes from Nerita Waight, CEO of Victorian Aboriginal Legal Service:
“The Premier made a strong commitment to raise the age of criminal responsibility. All the expert advice says that children under 14 years old do not have the capability to be criminally responsible and that prison only harms their development. We expect the Premier to listen to the expert advice.”
“If the Victorian Government keeps the age of criminal responsibility below 14 years old or creates exemptions for certain behaviours, then they have ignored the expert advice and chosen to play politics instead of doing what is right. They have committed to raising the age, now they must go the whole way to deliver it.
“Attorney-General Jaclyn Symes recently said that she did not want to see children in custody. This is an opportunity for her to work with us to change that reality which, sadly, many Aboriginal and Torres Strait Islander children face.
“We know that prison is culturally damaging to Aboriginal children. It only traumatises them and undermines their biggest strengths - their connection to family, culture and community. No child should be in prison and raising the age to at least 14 years old will be an important step towards giving every child a fair chance in life.”
Quotes from VACCHO CEO, Jill Gallagher:
“Raising the age to 12 is a step forward - however I am calling on the Victorian Government to be bold and brave and truly lead the way by increasing the age of criminal responsibility to 14 years of age.”
“Contact with the criminal justice system continues to stigmatise young people and makes it more likely that they will have ongoing contact with the system. In most cases this further exacerbates the intergenerational trauma and cycles of disadvantage that Aboriginal and Torres Strait Islander families in Victoria experience.
“VACCHO believes there should be a greater focus and investment in evidence-based intervention programs that address the causes of offending behaviour and provide supports and interventions that reduce, rather than increase, the likelihood of reoffending.”
Quotes from Maggie Munn, Acting EO Change the Record:
“We congratulated the Victorian Government for announcing their intention to raise the age without national consensus, but the age must be at least 14, no younger. The Victorian Government, alongside every other state and territory know that the bare minimum age must be 14, they have known this for years. It's not acceptable to compromise on this - we need Premier Andrews to continue to take leadership and set the standard for the rest of the country to follow. Raise the Age to 14 now.”
Quotes from Amala Ramarathinam, Acting Managing Lawyer at the Human Rights Law Centre:
“Daniel Andrews cannot call Victoria the most progressive state or territory in the country if the Victorian Government continues to lock 12 year old children behind bars. Children belong in playgrounds and schools, never in prisons and police cells.
“For years the Andrews Government has been sitting idle on advice from medical experts, independent parliamentary inquiries and their own justice department that the age of criminal responsibility should be raised to at least 14 years. The minimum age of criminal responsibility must be at least 14 years, with no exceptions.
“Anything less than 14, or with exceptions, will continue to be an abject failure by the Andrews Government to uphold the human rights of children and young people in Victoria.”
Quotes from Anoushka Jeronimus, Youthlaw Program Director at WestJustice, Co-Convenor of Smart Justice for Young People
“Raising the age of criminal responsibility to 14 years old makes medical sense; public policy sense; and economic sense. It is a strong step forward in ensuring that children who are getting into trouble understand the impact of their behaviour whilst staying in school, getting healthy, getting a job, and reconnecting with their families. Anything less than 14, or with exceptions, ignores the evidence and risks further entrenching children experiencing serious disadvantage in the criminal justice system.
“Right now, Victoria has one of the lowest ages of criminal responsibility in the developed world and we're spending over $5,000 per child per day to keep them in jail. And jailing isn’t working. Imagine the impact we could make on children, their families, and our community if that money was spent on providing the education, well-being and family support needed to keep them out of trouble instead.”
Quote from Sally Parnell, Acting CEO at Jesuit Social Services:
“We have advocated for the Victorian Government to raise the age of criminal responsibility for more than a decade – primary school aged children belong in the classroom, not in prison. However, this is nothing short of a missed opportunity if the age is not raised to at least 14, with no exceptions.”
“It is estimated that children who are arrested before they turn 14 are three times more likely to re-offend as adults than children arrested after they turn 14.
“We urge our political leaders to look at the evidence of what works, commit to raising the age to at least 14, and give more children the opportunity to reach their potential and lead healthy and fulfilling lives in the community.”
Quotes from Andrew Bruun, CEO at Youth Support + Advocacy Service:
“It’s encouraging that the Andrews Government is genuinely considering raising the age of criminal responsibility from 10 years old, a time when children are still in primary school. But to give young people in Victoria the best possible chance, it’s critical that the Victorian Government raise the age to at least 14 years old.”
“We must provide every opportunity for them to develop well and understand how they can make a positive contribution to community life. At 12 years old, a child is only starting to begin to understand right from wrong and their place in the world. A 12 year old should be in school, not in prison.
“Growing up in a youth prison will only cause harm and distress. It’s far more therapeutic to receive specialist care rather than spending endless hours in a cell or solitary confinement.”
Quote from Katherine Ellis, CEO of Youth Affairs Council Victoria (YACVic)
“It is well and truly time for the age of criminal responsibility to be raised in Victoria. All the evidence and human rights standards clearly recommend a minimum of 14 years, without exceptions, to ensure better outcomes for the children and their communities, now and for the long term.
“Instead of locking up children and young people, it is far better to invest resources into wraparound services which improve health and community outcomes for these children.”
“We support Premier Andrews’ words indicating Victoria’s intention to be progressive on this issue and hope to see those words turned into action by raising the age to at least 14 with no exceptions. The youth sector stands ready to support such a move, and ensure children and young people get support that will truly make a positive difference in their lives.”
Background
Victoria’s low age of criminal responsibility has long been criticised for being out of step with medical consensus and internationally accepted standards. Victoria’s low age of criminal responsibility disproportionately impacts Aboriginal and Torres Strait Islander children and children from migrant and refugee backgrounds, and is a key driver of contact with police and the criminal legal system.
In August 2022, a petition was handed over signed by over 65,799 Victorian residents calling on the Victorian government to raise the age to 14.
The Northern Territory has raised the age of criminal responsibility to 12.The ACT announced they will introduce legislation to raise the age to 14 with limited exceptions.
Read the letter to The Hon. Daniel Andrews and the Hon. Jaclyn Symes, Attorney-General here.
Signed by:
Aboriginal Justice Caucus
Amnesty International Australia
ARC Justice
Australian Association for Restorative Justice
Australian Lawyers Alliance
Barwon Community Legal Service
Catholic Social Services Victoria
Centre for Innovative Justice
Centre for Multicultural Youth
Change the Record
Council of the Ageing (COTA) Victoria
Djirra
Disability Discrimination Legal Service
Eastern Community Legal Centret
Emma House Domestic Violence Services Inc.
Federation of Community Legal Centres (Victoria) Inc.
Fitzroy Legal Service
Inner Melbourne Community Legal
inTouch CLC
Human Rights Law Centre
Hume Riverina Community Legal Service
Indigenous Law and Justice Hub, Melbourne Law School,
Jesuit Social Services
Justice Connect
Justice-involved Youth People Network @ The University of Melbourne
knowmore
Koorie Youth Council
Liberty Victoria
Law and Advocacy Centre for Women Ltd
Mallee Family Care Community Legal Centre
Melbourne City Mission
Mental Health Legal Centre Inc.
Moonee Valley Legal Service
National Justice Project
Orygen
Peninsula Community Legal Centre
Senior Rights Victoria
Southside Justice
South-East Monash Legal Services
Southport Community Legal Service Inc.
Smart Justice for Young People
The Kimberley Foundation
Uniting Church in Australia, Synod of Victoria and Tasmania
Victorian Aboriginal Community Services Association Ltd.
Vacro
Victorian Aboriginal Community Controlled Health Organisation (VACCHO)
Victorian Aboriginal Corporation for Langauges
Victorian Aboriginal Education Association Inc.
Victorian Aboriginal Legal Service (VALS)
Victorian Council of Social Service (VCOSS)
West Heidelberg Community Legal
WEstjustice
Whitelion Youth
Whittlesea Community Connections
Women and Mentoring (WAM)
Women’s Health Victoria
Women’s Legal Service Victoria
Youth Affairs Council Victoria (YACVic)
Youthlaw
Youth Support + Advocacy Service (YSAS)
Media Contact:
Thomas Feng
Human Rights Law Centre
Media and Communications Manager
thomas.feng@hrlc.org.au
0431 285 275