Tuesday, 2 May 2023

Ministers statements: age of criminal responsibility

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (13:42): I want to update the house on the Andrews Labor government’s recent announcement and commitment to raising the age of criminal responsibility. Under Labor, Victoria will be the first state to introduce legislation to raise the age of criminal responsibility, beginning with a change from 10 to 12. As part of the first stage of reform, we are also intending to codify and strengthen the existing legal presumption known as doli incapax, which states that a child under 14 cannot be held criminally responsible unless they knew their actions were seriously wrong. This is to ensure that it is better understood and applied consistently across the courts and every part of Victoria, which we have heard evidence is not occurring.

This is a careful and considered first step that will be implemented in consultation with key stakeholders before rolling out our second stage of reforms to raise the age to 14. It is anticipated we will have exceptions for certain crimes in that cohort, but this will be rolled out by 2027, subject to the implementation of an alternative service model developed for 12- and 13-year-olds specifically. The model will be implemented in consultation with an independent review panel, making sure that a safety net will remain within our youth justice system to protect both at-risk children and the broader community. The reforms will provide the best outcomes not only for children but also for the community more broadly. Experience shows us that the younger a child is when they first come into contact with the justice system the more likely they are to continue to reoffend and often more frequently and violently as adults.

Many stakeholders have called for reform on this issue, and I thank them for their important work and their ongoing advocacy. I look forward to working with those stakeholders as we implement these important changes, along with many other ministerial colleagues such as Minister Erdogan, Minister Blandthorn and others. The reforms are fundamentally about ensuring that when young children exhibit harmful behaviour there is an effective and compassionate response that enables them to take responsibility for their conduct but reduces their early exposure to the criminal justice system. And we know that this will produce a more safe Victoria.