ACT Bill to Raise the Age falls short for 12 and 13 year olds
Australia’s first jurisdiction set to pass legislation to raise the age of criminal responsibility from 10 to 14 will fall short of its obligations to protect the human rights of children.
A report from ACT parliament’s Standing Committee on Justice and Community Safety, tabled on Friday, failed to recommend necessary changes to proposed legislation to raise the age. Advocates have been unequivocal in calling for the Barr Government to raise the age to at least 14 with no carve-outs.
The Committee’s report ignored advice from medical experts and Aboriginal, legal and human right advocates by failing to recommend the removal of carve outs for children aged 12 and 13, who will remain criminally responsible for some behaviour, from the Bill.
Medical evidence is abundantly clear that children under the age of 14 do not have the capacity for criminal responsibility. Instead the ACT government will continue to criminalise behaviours that are best understood as responses to trauma.
Despite hearing evidence on the significant harm and trauma children in prisons are subjected to, the Committee failed to make recommendations that could stop children aged 12 and 13 from being locked away in the coming years, opting to support the government’s decision to delay raising the age of criminal responsibility to 14 until 2025.
Recommendations for stronger oversight of intensive therapy places under the Optional Protocol on the Convention Against Torture (OPCAT) are welcomed, as well as the inclusion of Elders on the therapeutic support panel for Aboriginal and/or Torres Strait Islander communities.
Quotes Attributed to Maggie Munn, National Director, Change the Record:
“While we commend the ACT government for raising the age of criminal responsibility to 14 it is disappointing that this will be delayed until 2025 and will include carve outs for 12 and 13 year olds.
"The government seems set on incarcerating children who don't understand the gravity of their behaviour, and then wondering why that behaviour doesn't change. Children belong in schools and playgrounds and need to be supported to learn from their mistakes, not locked in cages."
Quotes Attributed to Amala Ramarathinam, Acting Managing Lawyer, Human Rights Law Centre:
“The Committee’s report represents a missed opportunity to recommend crucial changes to the Bill. Children will continue to experience significant harm and trauma while the ACT Government delays raising the age to 14 and continues to criminalise 12 and 13 year olds for certain behaviours.
“Police should not have the power to arrest and lock up children under the age of criminal responsibility. 10 year olds still have their baby teeth and 12 year olds are still in primary school. The Bill must be urgently amended to remove this unnecessary power, which goes against the medical consensus, international standards and UN guidelines.
“Children should be supported to thrive with their families, in schools and in our communities. We urge the Barr Government to do the right thing by children and young people in the ACT and amend this Bill. Throwing a child into a police or prison cell is never the answer.”
Quotes Attributed to Paul Wright, National Director, ANTAR
“The ACT government must heed the advice of medical experts and the First Nations community across the Territory to ensure this reform is effective. The carve outs for 12 and 13 year olds and delayed implementation until 2025 will result in more children locked up and more in trauma. If there is no practical justification for a staggered approach to raising the age then it should be abandoned, we can and must do better.”
Media contacts:
Rachel McFadden
Change the Record
0415 894 648
rachel@changetherecord.org.au
Thomas Feng
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au
Phaedra Engel-Harrison
ANTAR
0481 093 139
phaedra@antar.org.au