Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
amendment also expunges the criminal record of children under 12 years old
who have a previous criminal history.79
52. In November 2022, in response to Counsel Assisting the Disability Royal
Commission recommending raising the age, the Western Australian
Government noted the recommendation ‘appears to be unnecessary given
that this reform is being considered already by various jurisdictions, including
Western Australia, via the Standing Council of Attorneys General’. 80 In the
same month, the then Premier of Western Australia stated he did not
‘support raising it to 14 under any circumstances’.81
53. In December 2022, in response to Counsel Assisting the Disability Royal
Commission recommending raising the age, the New South Wales
Government noted it would await the report of the Age of Criminal
Responsibility Working Group (Working Group).82
54. In February 2023, the Advisory Commission into the Incarceration Rates of
Aboriginal Peoples in South Australia recommended the South Australian
Government raise the minimum age of responsibility to 14.83 In April 2023, the
South Australian Government was quoted as stating it ‘continues to consider
its position’ regarding raising the age of criminal responsibility. 84
55. In April 2023, the Victorian Government announced plans to raise the age of
criminal responsibility to 12 in late 2024, and then to 14 by 2027.85 The
Victorian Government signalled it would introduce legislation for the first
stage of reform later this year.86 The Yoorook Justice Report (Victoria) has
however recommended the amendments be made more urgently and
without exceptions; and to prohibit the detention of children under 16
years.87
56. In May 2023, the Australian Capital Territory Government tabled the Justice
(Age of Criminal Responsibility) Legislation Amendment Bill 2023, that would see
the age of criminal responsibility raised from 10 to 12 years old, and
eventually to 14 years by 2025.88 In July 2023, the Standing Committee on
Justice and Community Safety recommended the Bill be passed.89 The Bill
passed in November 2023.90
57. In September 2023, the Standing Council of Attorneys-Generals noted the
finalised report of the Age of Criminal Responsibility Working Group (Working
Group) which focuses on how jurisdictions may support children diverted
from the criminal justice system, particularly First Nations children.91 The
Standing Council of Attorneys-General agreed to return to the December
2023 meeting with a position or update on minimum age of criminal
responsibility reform and agreed-in-principle that the Working Group’s report
would be released publicly after the December meeting.92
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