The ACT has today reached a milestone in service reform for children, young people and families, with the minimum age of criminal responsibility being raised from 12 to 14 years.
These changes, which reflect evidence-based best practice, mean that children and young people aged 13 and younger will not be held criminally responsible for harmful behaviour. There are, however, exceptions for 12-and 13-year-olds who commit very serious and intentionally violent offences.
As part of the ACT Government's early intervention approach, children and young people who are involved in – or at risk of – harmful behaviour can be referred to the ACT Therapeutic Support Panel. The Panel – comprised of qualified experts in a range of fields, including health, education, criminology, social work, child protection, and more – evaluates referrals and connects young people to the support services they need – including mental health, housing, and drug and alcohol rehabilitation – to address underlying issues and steer them towards a more positive path in life.
Raising the minimum age of criminal responsibility is in line with recommendations from many of Australia's most respected medical and legal bodies, with research showing that children aged 13 and younger generally cannot form criminal intent, which means exposing children to the criminal justice system is not appropriate and can lead to lifetime cycle of crime.
The reforms come after an extensive community and stakeholder consultation process and have been implemented in two-stages approach to ensure that the necessary range of support services are in place. The minimum age of criminal responsibility was first raised from 10 years to 12 years in 2023, following the passage of the Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 in the Legislative Assembly.
Members of the community should be aware that if they are a victim of a crime, regardless of the apparent age of the offender, ACT Policing is still the first point of contact for help. ACT Policing will continue to take action to respond to any call for assistance.
Once ACT Policing officers ensure the safety of all present at an incident, establish the events having taken place, and determine whether an offence has occurred, police will then consider the appropriate pathway for any children, young people involved (taking the minimum age of criminal responsibility into account).
Children and young people will continue to be held accountable, through developmentally and culturally appropriate restorative practices, such as victim harm statements and restorative justice conferencing, helping them understand the impact of their actions and reducing the likelihood of repeating the harmful behaviours.
Victims' rights are also protected, with opportunities to meet with the Panel, share their experiences, and access support services like those available in the criminal justice system.
Quotes attributable to Michael Pettersson MLA, Minister for Children, Youth and Families:
"The ACT is raising the criminal age of responsibility because we want to do more – not less – to support and assist young people who are undertaking harmful behaviour."
"Children and young people who are at risk of entering the youth justice system have often experienced complex trauma, family violence, and homelessness. Many also have mental health issues, live with disability, or use drugs and alcohol. The ACT Government's reforms for children, young people and families emphasise early intervention and co-ordinated, wrap around services. This means that children who are involved in – or at risk of – harmful behaviour will get the support they need, so that they can grow up to lead healthy and fulfilling lives."
"We know that early intervention is more likely to keep kids out of the justice system in the long-term. And that leads to a safer and happier community for everyone."
Quotes attributable to Attorney-General, Tara Cheyne:
"This reform reflects our Government's commitment to a justice system that is fair, evidence-based and puts the wellbeing of children at its core. It is not about removing accountability, but about responding in a way that leads to better outcomes for young people and the broader community."
Quotes attributable to Minister for Police, Fire and Emergency Services, Dr Marisa Paterson:
"This is an incredibly important reform that introduces a therapeutic and supportive approach for children and young people who come into contact with the justice system. Police are often the first responders when young people are in crisis. These reforms equip our frontline officers with the tools and partnerships they need to connect vulnerable children with the right support. By prioritising prevention, early intervention, and long-term community wellbeing, this is a significant step forward."
Quotes attributable to Dr. Justin Barker, Chair of the Therapeutic Support Panel:
"At the heart of these reforms is a recognition that we need to address the causes or determinants of harmful behaviour to increase safety. The research is clear that children who use harmful behaviour are some of the most vulnerable children in the community, experiencing high levels of adversity and trauma. Addressing their unmet needs with a therapeutic approach improves outcomes for these children and the community. The Therapeutic Support Panel coordinates, delivers, and oversees support to children and young people at risk of or engaging in harmful behaviours, to reduce harm and improve positive outcomes."
