Victoria’s attorney general has acknowledged that plans to raise the age of criminal responsibility to 12 “falls short” of expectations from First Nations groups but described the move as a “first step” and urged other states to follow suit.
Jaclyn Symes confirmed the government will introduce legislation later this year to raise the age from 10 to 12, with no exceptions, which will come into effect in late 2024. It will then be increased to 14 by 2027.
The move has been condemned by Indigenous organisations, legal experts, medical bodies and human rights groups, who have been calling for it to be raised to the international standard of 14.
Symes said the government has adopted a “staged approach” to ensure safeguards and support services are in place before the move to 14.
“Raising the age to 12 is a measured, sensible approach based on evidence,” she said on Wednesday.
“We know that children in this cohort … do not fully appreciate the consequences of their actions and indeed it’s very often – if not always – a feature of an underlying cause such as trauma, poverty, disability.”
Symes said there were no 10 to 12-year-old children currently in custody. Nine children between 13 and 14 years old are being held over what she described as allegedly “very serious” crimes.
She said the government will consider “appropriate exceptions” for 13-year-olds who have committed serious offences, which are yet to be determined.
“This is a good day,” Symes said. “This is a progressive reform. This is something I have been working on for some time not just at the national level, but with many advocacy groups, particularly those from our First Nations.”
She acknowledged some of these groups would be disappointed by the announcement.
“Aboriginal community leaders have been asking for some time to raise the age to 14,” Symes said. “I know that today’s announcement falls short of the expectation of moving to 14 immediately, but it is a great step.”
The announcement comes ahead of Friday’s meeting of the standing council of attorneys general, which has been examining the issue for several years.
Some jurisdictions had already abandoned the national process, with the Northern Territory raising the age to 12 in the second half of 2022 and the ACT to 14 by 2026. Tasmania will lift the minimum age of incarceration to 14, while leaving the age of criminal responsibility at 10.
Symes said it was her preference to have a national approach.
“[But] different states have different challenges, different complexities and frankly, different election cycles,” she said.
Symes said she particularly hoped New South Wales and South Australia will follow the state’s lead.
“We can lead the way, we can be a good example and people can look to our policies to see if they are appropriate settings for their jurisdictions,” she said.
Victoria’s shadow attorney general, Michael O’Brien, accused the government of “washing its hands” of criminal conduct by 10 and 11-year-olds.
He repeated claims it would embolden gangs to recruit children under 12, which Symes described as “ridiculous” and “sensationalist”.
Under the plan, 10 and 11-year-olds displaying problematic behaviour will be provided with support services in an effort to prevent future offending. In the “very rare instances” they commit serious offences, Symes said police will determine appropriate responses.
The government will also strengthen an existing legal presumption known as doli incapax, which states a child under 14 cannot be held criminally responsible unless they knew their actions were seriously wrong.
Amala Ramarathinam, from the Human Rights Law Centre, said the announcement was a “betrayal of Victoria’s children” while Cheryl Axleby, the co-chair of Change the Record, said the move “will not make any real difference” to the “unacceptable rates” of Aboriginal youth overrepresentation in the legal system.
