Australia’s Children’s Commissioners and Guardians - Open Letter to Raise the Age of Criminal Responsibility
View a PDF of the letter here.
The Hon. Mark Dreyfus QC, MP, Attorney-General
The Hon. Chanston Paech, Attorney-General
The Hon. Yvette D’Ath, Attorney-General
The Hon. Michael Daley, Attorney General
Mr Shane Rattenbury, Attorney-General
The Hon. Jaclyn Symes, Attorney-General
The Hon. Guy Barnett, Attorney-General
The Hon. Kyam Maher, Attorney-General
The Hon. John Quigley, Attorney General
28 November 2023
AUSTRALIA’S CHILDREN COMMISSIONERS AND GUARDIANS’ OPEN LETTER TO RAISE THE AGE OF CRIMINAL RESPONSIBILITY
We, the Commissioners, Guardians and Advocates for Australia’s children are tasked with informing governments on measures to protect their safety and rights. We call for urgent action from state and territory governments to raise the age of criminal responsibility to 14 without exception.
It has been five years since Attorneys-General from each Australian jurisdiction made a commitment to reviewing the minimum age of criminal responsibility. We note the progress by the ACT and Northern Territory Governments having raised the age to 12, and future commitments by Tasmania and Victoria. While these announcements are welcome, they will result in a confusion of legislation and practice across the country, and operational challenges for police and service providers.
The minimum age of criminal responsibility in all Australian states and territories must be at least 14 years. That is what the United Nations Committee on the Rights of the Child (UNCRC) has recommended, based on a wealth of evidence and expert advice, and it is the international benchmark.
Every day that the age of criminal responsibility remains unchanged, is another day that children as young as 10 can be taken through police stations, courts and locked up in youth detention centres. This causes ongoing harm to children and fails to deliver on community safety. It particularly harms First Nations children and children with disabilities, who are disproportionately targeted and impacted by the criminal legal system.
There are also substantial human rights issues that have been identified in youth detention across the country. These include, but are not limited to:
Use of detention for children on remand, not as a last resort, as set out in the UNCRC.
Detaining children in adult jails, decommissioned adult jails, or police watch houses.
Solitary confinement and use of rolling ‘lockdowns’ of children in youth detention centre cells for unlawful periods of time.
Excessive use of force and punitive operational decision making.
Lack of age-appropriate and culturally responsive support and rehabilitative programs to support a child’s wellbeing and development.
Allegations and confirmed instances of child sexual abuse.
Use of spit hoods and other physical, mechanical and chemical restraints on children.
Overwhelming evidence shows that the negative exposure during a critical period of brain development adversely impacts the health, wellbeing and long-term outcomes for children. It is particularly harmful to children with developmental delay, disabilities and those who have experienced complex developmental trauma.
Children who encounter the criminal legal system are in need of care, support and protection. That’s why we are repeating our call for united and coordinated action in each jurisdiction to raise the age to 14 without exception, alongside significant investment in evidenced-based holistic systems of early intervention and diversion to support children and their families.
All of Australia’s children have a right to be safe, protected and treated with dignity.
Collectively we are calling on you, the Attorneys-General of each state and territory, to legislate the raising of the minimum age of criminal responsibility to 14, without exceptions and without delay.
SIGNATORIES
Anne Hollonds
National Children's Commissioner
April Lawrie
Commissioner for Aboriginal Children and Young People (SA)
Helen Connolly
Commissioner for Children and Young People (SA)
Jacqueline McGowan-Jones
Commissioner for Children and Young People (WA)
Leanne McLean
Commissioner for Children and Young People (TAS)
Liana Buchanan
Principal Commissioner for Children and Young People (VIC)
Meena Singh
Commissioner for Aboriginal Children and Young People (VIC)
Natalie Lewis
Commissioner for the Queensland Family and Child Commission (QLD)
Shayna Smith
Public Guardian (QLD)
Shona Reid
Guardian for Children and Young People (SA)
Nicole Hucks
Acting Children’s Commissioner (NT)
Zoë Robinson
In her capacity as the NSW Advocate with Children and Young People, together with Shannon Thorne