Get all your news in one place.
100’s of premium titles.
One app.
Start reading
ABC News
ABC News
National

Tasmania set to be first jurisdiction to raise minimum age of children in youth detention

Alexander said he was "petrified" being in youth detention aged 11. (ABC News: April McLennan)

At about 11 years old, Alexander* found himself in Tasmania's Ashley Youth Detention Centre.

"Petrified. Absolutely petrified would be the only word," he said.

He was admitted another 25 times before breaking the cycle.

"I felt like I had no home outside of Ashley or no help or support," he said.

"I knew there was nothing on the outside that I could do and it was sort of better in than out, which is quite sad at that young age."

Now at 19, Alexander cannot believe he was sent to detention at such a young age.

"It's insane. It doesn't help at that age," he said.

"When they're that young there should be more before they go to a detention centre. There should be more help."

Across Australia, children as young as 10 can be placed into detention. (Supplied: Erika Wittlieb)

Tasmania has broken ranks with the rest of the country, announcing it will raise the minimum age of detention from 10 to 14.

It follows a decision to close the Ashley Youth Detention Centre in 2024.

"We know that for younger children, detention does not support rehabilitation or reduce the likelihood of reoffending," Minister for Children and Youth Roger Jaensch told budget estimates.

Minister Jaensch said there would be some exceptions for severe offending and community safety.

The change will be accompanied by new sentencing and diversion options and is likely to take place in 2024.

The move has been welcomed by many, including Alexander. However, he said it was essential there were other programs in place to help youth offenders.

"Now we've got kids from the age of 10 to 13 that we can't incarcerate. So how can we keep our community safe? But how can we also make sure that we do right by these young people?" he asked.

"If they can come up with a decent plan that helps the community and helps the young person, I think it's going to be an amazing move."

An Aboriginal advocate says the move could "change the lives of a lot of kids". (ABC News: Adrienne Francis)

Aboriginal adviser to Amnesty International, Rodney Dillon, who has long advocated for the government to raise the age of criminal responsibility to 14, said he was "pretty excited" about the decision.

"This could change the lives of a lot of kids — not ending up in a prison system."

Mr Dillon also said it was the right call to wait until 2024 to implement the change.

"If you put it in place now and it fell over we might have to go back to what we have," he said.

"It's having a two-year sort of bond on it to start it off … so we can put diversion programs in place over the next two years to get it up and going."

Leanne McLean called for the age of criminal responsibility to also be raised. (ABC News: Luke Bowden)

Children's commissioner Leanne McLean said the move meant the government had acknowledged "detention was not an appropriate environment" for children aged between 10 and 13.

But she said she wants to see the government commit to raising the age of criminal responsibility.

"What that means is for children as young as 10, they can be arrested, they can be taken to an adult custodial facility while an investigation has taken place and they can be brought before a court," she said.

"I'd argue that is not the most appropriate way to manage the harmful or risky behaviour of a child as young as 10."

The United Nations agrees.

In 2019, the UN Committee on the Rights of the Child recommended 14 years as the minimum age, and just last year 31 counties at the UN called on Australia to finally act.

So far, the states have agreed to work towards raising the minimum age to 12 and the Tasmanian government has made it clear it has no plans to go it alone.

"[It] will be continued to be considered through the national meeting of attorneys-general … it is our preference for a nationally consistent position on the minimum age of criminal responsibility," Mr Jaensch told budget estimates.

But the ACT government has begun to forge a path, announcing its support for raising the age to 14 back in 2020. It now describes it as a "priority reform".

"The notion of needing a national approach has already been thwarted by that," Ms McLean said.

"I see no reason why Tasmania can't take this step without waiting for a national approach."

Chair of the Prisoners Legal Service (PLS) Greg Barns agreed, saying the government had not gone "far enough".

"The PLS does not believe anyone under the age of 18 should be in detention," he said.

"All the evidence shows that detaining in a custodial setting leads to increased recidivism and poor mental health outcomes.

"The Rockliff government also needs to raise the age of criminal responsibility to 14. Do not wait for other jurisdictions. 

"Again, we criminalise children and continue to ensure their future is jeopardised."

Mr Barns also raised concerns about the $40 million the government has put aside for a custodial setting once Ashley closes, describing it as a "failed and dangerous model".

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.