Law targets adult recruiters of child offenders

In her second reading speech Attorney-General Sonya Kilkenny told the Legislative Assembly that criminal networks are increasingly exploiting vulnerable young people to carry out violent crimes, posing significant risks to community safety and increasing the likelihood of children becoming entrenched in criminal behaviour. 

Under the Crimes Amendment (Recruitment of Children for Criminal Activity) Bill 2026, a new offence will be created for adults who recruit children to engage in serious criminal activity carrying a maximum penalty of 15 years imprisonment or more, including crimes such as murder, armed robbery, kidnapping, aggravated home invasion, carjacking and arson. The offence will apply even if the child does not go on to commit the crime. 

The legislation would impose a maximum penalty of life imprisonment, reflecting what she said was the high level of criminal culpability involved in exploiting children for organised crime. 

'Organised crime groups are deliberately recruiting vulnerable young people to carry out violent acts as they are cheaper to hire, more easily influenced, impressionable and easily accessible online,' she said. 

Member for Northern Metropolitan Evan Mulholland told the Legislative Council debate that he supported the bill but said it contained a significant loophole. While the legislation targets adults who recruit children, he said organised crime networks could circumvent the law by using 17-year-olds to recruit other children.  

'The law should target the act of recruitment itself rather than creating an arbitrary distinction depending on whether the recruiter happens to be 17 years old or 18 years old,' he said.  

The Liberals and Nationals proposed an amendment to remove the word "adult" from the offence so it applies to anyone recruiting children into serious criminal activity. 

'The government risks creating the legislative conditions for a criminal pyramid scheme: an adult recruits one young person, the young person recruits many others, and the recruitment continues down the chain,' he said. 

“ 'Organised crime groups are deliberately recruiting vulnerable young people to carry out violent acts as they are cheaper to hire, more easily influenced, impressionable and easily accessible online.' ”

Sonya Kilkenny, Attorney-General

Jacinta Ermacora, Member for Western Victoria, described the recruitment of children by organised crime groups as a particularly harmful form of exploitation. 

'There are few things more cowardly than an adult deliberately using a child to do their dirty work and commit a crime,' she said.

She argued that prevention is equally important, highlighting the state's investment in youth mentoring, violence reduction programs and initiatives aimed at keeping young people connected to schools, sporting clubs and positive role models.  

'There is no choice between accountability and prevention. We definitely need both,' she said. 

“ 'The government risks creating the legislative conditions for a criminal pyramid scheme: an adult recruits one young person, the young person recruits many others, and the recruitment continues down the chain,. ”

Evan Mulholland, Member for Northern Metropolitan

Member for Southern Metropolitan Katherine Copsey said the Greens opposed the bill, arguing that, while adults who recruit children into crime should be held accountable, Victoria already has an offence carrying a maximum penalty of 15 years' imprisonment for that conduct.

She said the debate was not about whether child recruitment should be illegal, but whether the bill appropriately targets those responsible for exploiting children and whether the proposed penalties are justified.  

She argued the Greens do not support the legislation because 'the rhetoric does not match the bill that they have actually brought to the chamber' and because the proposed offences are drafted too broadly. 

Ann-Marie Hermans, Member for South-Eastern Metropolitan argued that while the bill is intended to target adults who recruit children into crime, it is unlikely to address the main source of the problem.  

She said that much of the recruitment is being carried out by young people themselves, often within schools.  

She also questioned the likely effectiveness of the changes, citing government figures showing only 29 charges and four convictions under the existing offence between 2023 and 2025.  

She argued that the legislation could end up affecting younger recruiters rather than the organisers of criminal networks, stating that 'this bill is not going to solve the problem because we have young people recruiting young people'. 

The full debate can be read in Hansard.

The bill was given Royal Assent on September 1.