Raising the age to 12 doesn't go far enough

The Victorian government's decision to walk away from their promise to raise the age of criminal responsibility to 14 is deeply disappointing and out of step with international human rights standards and medical expert advice.

Last week, alongside Parliamentary debates of the new Youth Justice Bill, Premier Jacinta Allan announced Victoria will raise the age of criminal responsibility to 12 by 2025.¹ While a step in the right direction, this falls short of what young people need, and is a missed opportunity to break a preventable cycle of trauma and harm.

Medical experts, psychologists and criminologists all agree children under 14 years old haven’t developed the emotional, intellectual and social maturity to be held criminally responsible.² Children deserve to learn from their mistakes safely and with the support of community, not behind bars.

Sadly, this decision will disproportionately impact disabled young people, those who have experienced complex trauma, and Aboriginal young people.^3,4 With Aboriginal leaders, organisations and communities long campaigning for #RaiseTheAge as a critical first step in youth justice reform, we urge the government to listen.

Locking children up doesn’t reduce offending or advance community safety.⁵ Rather, the earlier a child enters the justice system, the more likely they will reoffend in the future, and become stuck in a cycle of disadvantage.

Instead, children must be diverted away from the justice system as early as possible, and be supported to take accountability for their behaviour through alternative justice measures that work – like community-based support services, restorative justice programs, and support from youth workers. The youth sector is ready to support these young people.

At a point where young people need the most help and support, this announcement means a cohort of young people will have unnecessary contact with the justice system and grow up away from their families, communities and culture.

Quotes attributable to YACVic CEO Mary Nega:

“The Yoorrook Justice Commission has recommended the Victorian Government raise the age of criminal responsibility to 14. The Government has an opportunity to demonstrate their commitment to Aboriginal justice by taking this clear opportunity to write a safer and more just future.”

“While raising the age to 12 is a step in the right direction, it does not go far enough. We urge the government to honour its commitment to raising the age to 14, without exceptions. This will advance community safety, reduce offending and make sure children take accountability for their mistakes with the support of community.”

“A punitive ‘tough on crime’ approach to youth justice isn’t working. Instead, it funnels young people with complex disadvantage into a system that sets them up to fail. We need to invest in services that keep young people connected to community, culture and education.”

Quotes attributable to Head of YDAS Mija Gwyn:

“Disabled young people, including Aboriginal disabled young people, are disproportionately represented in incarceration statistics. Many of these young people have not received a diagnosis or any support for their disability.”

“In their response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the Victorian Government acknowledged their obligation to provide support to disabled young people in youth justice. Raising the age of criminal responsibility to 14 will enable the Victorian Government to meet their obligations and uphold the human rights of disabled young people.”

What can you do?

• Sign the petition to #RaiseTheAge
• Read YACVic’s Insight Article to learn more about the Youth Justice Bill
  
• Read the statement by Victorian Aboriginal Legal Service
• Read the statement by Koori Youth Council.

Media contact: Info@YACVic.org.au

About Youth Affairs Council Victoria (YACVic)

Youth Affairs Council Victoria (YACVic) is the peak body and leading policy advocate for young people aged 12-25 and the youth sector in Victoria. Established in 1960, YACVic advocates for the rights of young people in Victoria to ensure they are active, visible and valued in their communities.

About Youth Disability Advocacy Service (YDAS)

The Youth Disability Advocacy Service (YDAS) is a state-wide advocacy service for disabled young people and a key service of Youth Affairs Council Victoria. As well as offering an individual advocacy service, YDAS undertakes systemic advocacy to ensure the rights of disabled young people (aged 12 – 25) are met.