MEDIA RELEASE: Landmark Win as Tasmania Commits to Raising the Age of Criminal Responsibility to 14
Tasmania is set to become the first Australian jurisdiction to ensure no child under 14 years old will grow up in a jail cell, in an announcement welcomed by the National Raise the Age campaign, a coalition of more than 130 organisations.
In its Youth Justice Blueprint report released on Tuesday, the Rockliff government has committed to raising the minimum age of criminal responsibility from 10 to 14 with no exceptions alongside raising the minimum age of detention to 16 by 2029.
While the delay in implementation is disappointing, Tasmania is now set to become the first Australian jurisdiction to meet the minimum standards set by the United Nations and recommendations by medical and child development experts.
To date, the Australian Capital Territory is the only jurisdiction to legislate raising the age of criminal responsibility to 14 in law, albeit with delayed implementation and exceptions that mean some children will still be pipelined into prison cells.
Raising the age to at least 14 for all children and investing in evidence-based alternatives will mean children get the support they need, especially First Nations children and children with disabilities who make up the majority of the child prison population.
The National Raise the Age campaign calls for other state and territory governments to follow suit and raise the age to at least 14, with no exceptions, so that every child in Australia can grow up with their families supported in their communities.
This announcement in Tasmania follows over 100 organisations and the majority of Australia’s Children’s Commissioners calling for Attorneys-General across the country to commit to raising the age to at least 14 at last week’s Standing Council of Attorneys-General Meeting.
Quotes attributed to Jake Smith, CEO at Tasmanian Aboriginal Legal Services
“While we are pleased to see the Tasmanian Government’s commitment to raise the age of criminal responsibility to 14, without exception, six years to see this come to fruition is disappointing. The longer we wait, the more children end up in our justice system.”
“Aboriginal youth in Tasmania continue to be impacted and overrepresented in systems that do not support their needs. This announcement to raise the age of criminal responsibility and detention, is an opportunity for the Tasmanian Government to genuinely consult and resource organisations to support Tasmanian youth, and particularly Aboriginal youth in alternative pathways that supports their needs and closes the gap.”
Quotes attributed to Maggie Munn (they/them), National Director at Change the Record
“I congratulate the Tasmanian government for doing the right thing. This reform has been hard fought for and long awaited. I implore the Rockliff government to work with experts and communities on the ground to pass legislation as soon as feasibly possible. It is crucial that this legislation meets its intent: to divert children away from the criminal legal system and to give them all the support they need to have a safe and healthy childhood, where they have every opportunity to thrive.”
“While these reforms will make a world of difference to Tasmanian children, it's hugely unfair and unjust that other Australian children are not given the same right to their childhoods. It should be a great shame to all Australians that our fundamental rights, and that of our youngest citizens, are used as political footballs and subject to fear mongering. It’s been more than five years of reneged commitments, delays and blatant disregard for children’s rights and expert opinions for a national consensus. While I applaud Tasmania in going it alone, other states can and must follow the leadership of the Tasmanian government.”
Quotes attributed to Kacey Teerman, Indigenous Rights Campaigner at Amnesty International
“In welcoming the Rockcliff government's commitment to raising the age of criminal responsibility to 14 without exception, we commend them for leading the nation with a bold and compassionate stance. This announcement sets a precedent that we hope will resonate across all states and territories, emphasizing that children deserve the opportunity to thrive within their communities rather than enduring trauma within the criminal justice system. We remain concerned that these child safety measures wont take place until 2029 and ask the Government to implement these changes as a matter of urgency. It's time for a collective commitment to nurturing our youth, allowing them to grow and flourish unencumbered by the burdens of an unforgiving system.”
Quotes attributed to Monique Hurley, Managing Lawyer at the Human Rights Law Centre
“Children belong in playgrounds and schools, never in prison cells. Today, the Rockliff government in Tasmania has done the right thing by committing to raise the age of criminal responsibility to at least 14 years old, for all children in all circumstances. Urgent action is now needed to make good on this commitment and ensure that Tasmanian children are cared for rather than incarcerated.
“Every child should be able to grow up with their friends, family and communities. We call on every other state and territory to act on this straightforward reform. Raising the age to at least 14 is the absolute bare minimum governments can do - every day that governments refuse to raise the age is another day condemning a generation of children to the harm inherent in being locked away behind bars.”
Background:
The National Raise the Age campaign is a coalition of 130 Aboriginal and Torres Strait Islander, legal, health and human rights organisations campaigning to Raise the Age of criminal responsibility to at least 14 across Australia, with no exceptions and no carve outs.
More than five years ago, Attorneys-General from each Australian state and territory made a commitment to reviewing the age of criminal responsibility with a view to coming to a national consensus. It has remained a standing item on their agenda ever since.
In December 2022, a report from the Council of Attorneys-General Age of Criminal Responsibility Working Group was released and included “a primary recommendation to increase the minimum age of criminal responsibility to 14 years without exceptions.”
In December 2023, one year after the release of the report and three years after its original drafting, the Standing Council of Attorney Generals remain unresolved on national consensus.
Jurisdictional action:
To date, the Australian Capital Territory is the only jurisdiction to legislate raising the age of criminal responsibility to 14 in law, albeit with delayed implementation and exceptions that mean some small children will still be pipelined into prison cells.
The Northern Territory enacted laws this year which mean that 10 and 11 year olds cannot be held criminally responsible, falling short of the minimum standard set by the United Nations and medical evidence that a child under the age of 14 does not have the capacity to understand the consequences of their actions.
Victoria is the only other state that has made a commitment to raising the age of criminal responsibility to 12, with laws likely to be introduced early next year.
Media contacts:
Rachel McFadden
Change the Record
0415894648
rachel@changetherecord.org.au