Key facts
- Liberal and Greens senators have called for the age of criminal responsibility to be raised to 14.
- A federal inquiry into Australia's youth justice system found inconsistent treatment of children across states and territories.
- Most Australian states and territories have an age of criminal responsibility of 10, with Victoria at 12 and ACT at 14.
- The report recommended national minimum standards for youth justice and a National Child and Community Safety Taskforce.
- Senators noted that youth crime rates are falling, contrary to media reporting, yet more children are being incarcerated.
- The report highlighted the overrepresentation of First Nations and disabled children in the youth justice system.
Senators from Australia's Liberal and Greens parties have united in calling for the age of criminal responsibility to be raised to 14, following the release of a federal inquiry into the youth justice system. The Senate committee report, released on Friday, found that media reporting on youth crime was often inaccurate and contributed to inconsistent treatment of children across different states and territories.
The senators, including Liberal Andrew McLachlan and the Greens' David Shoebridge, argued in comments accompanying the report that the committee should have mandated a nationwide increase in the age of criminal responsibility. Currently, most Australian states and territories set this age at 10, with Victoria at 12 and the Australian Capital Territory at 14. Federal crimes also adhere to the age of 10.
They stated that evidence presented to the committee indicated youth crime rates are actually falling, contradicting "hyped media reporting," yet incarceration rates for young people are increasing. The senators criticized punitive laws driven by political and media pressure rather than evidence, arguing these laws make communities less safe and disproportionately affect children who are poor, First Nations, or living with disability or trauma. The overrepresentation of First Nations and disabled children in prisons was described as a "disgrace."
The Northern Territory was specifically highlighted for its high rates of child incarceration and "casual and systemic brutality," with no government departments or officials appearing before the committee. The inquiry also heard evidence on the prevalence of disabilities among incarcerated youth, including foetal alcohol spectrum disorder (FASD), with studies showing a high percentage of detained children having unmet mental health and disability needs. Young people with FASD were found to be 19 times more likely to be incarcerated than their peers.
The committee's recommendation for a nationally consistent approach, including a taskforce, was seen by Nick Espie, executive director of the national Aboriginal and Torres Strait Islander legal service, as a clear signal for federal government intervention to address the "youth justice crisis."