Yesterday, the Barr government in the ACT passed long awaited legislation to raise the age of criminal responsibility to 14 years old by 2025.
This move means less children will be pipelined into prison.
Aboriginal and Torres Strait Islander organisations alongside health, legal and human rights groups have been in coalition leading the advocacy for this law reform for more than five years.
All other Australian jurisdictions are lagging behind in their responsibility to give every Australian child a safe and healthy childhood, where they have every opportunity to grow and thrive.
Victoria, New South Wales, Western Australia, Queensland and South Australia all arrest, charge, sentence and incarcerate children as young as 10, despite overwhelming evidence that children under the age of 14 cannot understand and comprehend the consequences of their behaviour.
While the move to raise the age to 14 in the ACT is cause for some celebration, delaying this reform to 14 until 2025 and including exceptions for some 12 and 13 year old children is both extremely disappointing and immensely frustrating. The persistence of governments in this country to consistently contradict human rights principles, and medical evidence is astounding.
The incarceration of children represents the failure of successive governments to address trauma, poverty and health in communities. State and territory governments imprison First Nations children and children with disabilities at unconscionable rates, instead of giving children the care and support they need.
Governments can and must invest in alternatives to incarceration and stop upholding discriminatory systems.
Quotes attributed to Cheryl Axleby, Narungga woman, Co-chair, Change the Record:
“State and territory governments have been in a tit for tat with the federal government, refusing to take responsibility for the safety and wellbeing of their youngest citizens- its promising to see the ACT government rise above gutter politics and choose humanity. I encourage all state and territory governments to do the same and raise the age to 14 with no delays, and no exceptions.
“It would be remiss of me not to mention and to pay tribute to one woman’s determination and courage to Raise the Age of criminal responsibility in this country, my friend and Change the Record’s former Executive Officer Sophie Trevitt. At times change can feel insurmountable in the face of such widespread atrocities but Sophie (now passed) was a trailblazer for raising the age, today, through no small measure from Sophie we are finally seeing this change. Today, Soph, I remember you and honour your legacy.”
Quote attributed to Maggie Munn, Gunggari person, National Director, Change the Record
“The persistence of communities in the ACT to hold their government to account and keep them on track to reform these laws should be applauded. While we are encouraged to see the ACT government’s commitment to raise the age to 14 by 2025, it is disappointing there is a delay. While this isn’t a perfect solution, it’s a step to ensure that the number of young children exposed to the harms of the criminal legal system are reduced.”
Quote attributed to Rachael McPhail, Gomeroi woman, Community Engagement Associate Campaigner, Amnesty International Australia.
“It is excellent to hear today that the ACT Government has chosen to support the rights of children and raise the age of criminal responsibility to 14 by 2025. We have seen what happens when children are locked in cages, experiencing violence and trauma rather than being in a nurturing, trauma-informed, restorative environment.”
Quote attributed to Monique Hurley, Managing Lawyer at the Human Rights Law Centre:
“Children belong in playgrounds and schools, never in prisons and police cells. This is a positive step which will mean more children in the ACT will be cared for, instead of incarcerated. But the delay in full implementation and the exceptions for some 12 and 13 year old children go against all of medical evidence and expert advice from Aboriginal and Torres Strait Islander, legal and human rights organisations as well as the United Nations.
“The evidence is clear that throwing a child into a police or prison cell is never the answer. We call on every state and territory government to do the right thing by children and the broader community by raising the age of criminal responsibility to at least 14, with no exceptions.”
About the Raise the Age Campaign
Aboriginal and Torres Strait Islander communities, organisations and activists have been pushing for the age of criminal responsibility to be changed for decades, having seen first hand how locking away young children and removing them from their communities and families only perpetuates harm.
In 2020, a coalition of Aboriginal and Torres Strait Islander and non-Indigenous organisations and legal, medical and human rights groups came together to form a national campaign to push every single state, territory and federal government to change the laws so that children under 14 cannot be sent to prison. These organisations included Amnesty International Australia, Australian Medical Association, Change the Record, the National Aboriginal and Torres Strait Islander Legal Services, Human Rights Law Centre, Law Council of Australia, Public Health Association of Australia and the Royal Australasian College of Physicians. The campaign is now supported by over 100 organisations in every state and territory with new groups signing up every week.
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