Campaign builds to raise age of criminal responsibility, from 10 to 14

A campaign to keep children out of detention and away from jail is growing, as supporters say kids cannot be held criminally responsible before the age of 14.

Support for raising the age of criminal responsibility from 10 to 14 is growing around the country, with more than 200,000 people signing a petition for change.

The campaign, launched by not-for-profit organisation Change the Record, is critical to keeping Indigenous youth and children away from detention, said co-chair Cheryl Axelby.

“The public support is clear: Australians don’t want children behind bars. We want our children at home, in our schools, and supported in our communities,” she said.

“Reports are breaking every day of children harming themselves in youth detention centres.

“Nothing could be more urgent than getting them out of prison and giving them the age-appropriate, therapeutic support they need and deserve in our community.”

Aboriginal children and young people in SA are 19 times more likely to end up in detention than non-Indigenous children, according to the latest statistics by the Australian Institute of Health and Welfare.

On an average day in 2020-2021 in Australia, Indigenous youth between the ages of 10 to 17 made up 49 per cent of young people in detention, despite only 5.8 per cent of young people in Australia identifying as either Aboriginal or Torres Strait Islander.

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The petition has been handed to Minister for Indigenous Australians, Linda Burney, NSW Attorney-General Mark Speakman, and is also expected to land on SA Attorney-General Kyam Maher’s desk this week.

Commissioner for Aboriginal Children and Young People, April Lawrie, encouraged Mr Maher to take the petition seriously.

“I have no doubt that the Attorney-General, who is also the Minister for Aboriginal Affairs, and himself an Aboriginal man, understands the significant impact that raising the age would bring to the lives of Aboriginal children and their families,” Ms Lawrie said.

“In comparison to other young people for same matters, Aboriginal youth are more likely to get a police formal caution which entrenches them in the youth justice system.

“Aboriginal youth need every opportunity to be steered away from the justice system because we know it doesn’t yield good outcomes for them.”

Mr Maher said the minimum age of criminal responsibility was already being looked at in SA, adding: “This work will be aided and informed by a working group across Australian and New Zealand Governments examining issues such diversionary programs and implementation issues.”

Minister for Indigenous Australians Linda Burney MP at Parliament House in Canberra. Picture: Martin Ollman/Getty Images

Ms Lawrie said that diversionary programs, especially culturally appropriate ones, were few and far between and “chronic” underfunding made it difficult to make any real impact.

It comes a month after Greens MLC Robert Simms introduced a private member’s Bill calling for an increase to the minimum age of criminal responsibility.

“Other jurisdictions, the ACT and Tasmania have committed to doing this, so this isn’t something that has come out of the blue. It is an idea that is gathering steam internationally and in other jurisdictions in Australia,’’ he said.

However, the state’s police union last week described the move as “ill-conceived and simplistic’’, and could lead to bikie gangs and other organised crime groups luring children into their illegal enterprises.

Senior SA police also fear raising the age will result in an increase in repeat offenders because youths will not learn from their wrongdoing by participating in youth justice interventions.