The ACT has today reached a milestone in service reform for children, young people and families, with the minimum age of criminal responsibility raised from 12 to 14 years.
The changes mean that children and young people aged 13 and younger will not be held criminally responsible for harmful behaviour. There will, however, be exceptions for 12-and 13-year-olds who commit very serious and intentionally violent offences, the Government confirmed in a statement.
“The ACT is raising the criminal age of responsibility because we want to do more – not less – to support and assist young people who are undertaking harmful behaviour,” said Minister for Children, Youth and Families, Michael Pettersson MLA.
“Children and young people who are at risk of entering the youth justice system have often experienced complex trauma, family violence, and homelessness. Many also have mental health issues, live with disability, or use drugs and alcohol. The ACT Government’s reforms for children, young people and families emphasise early intervention and co-ordinated, wrap around services. This means that children who are involved in – or at risk of – harmful behaviour will get the support they need, so that they can grow up to lead healthy and fulfilling lives.”
“We know that early intervention is more likely to keep kids out of the justice system in the long-term. And that leads to a safer and happier community for everyone.”
As part of the ACT Government’s early intervention approach, children and young people who are involved in – or at risk of – harmful behaviour can be referred to the ACT Therapeutic Support Panel. The Panel – comprised of qualified experts in a range of fields, including health, education, criminology, social work, child protection, and more – evaluates referrals and connects young people to the support services they need – including mental health, housing, and drug and alcohol rehabilitation – to address underlying issues and steer them towards a more positive path in life, said the Minister.
“At the heart of these reforms is a recognition that we need to address the causes or determinants of harmful behaviour to increase safety,” said Dr Justin Barker, Chair of the Therapeutic Support Panel.
“The research is clear that children who use harmful behaviour are some of the most vulnerable children in the community, experiencing high levels of adversity and trauma.
“Addressing their unmet needs with a therapeutic approach improves outcomes for these children and the community. The Therapeutic Support Panel coordinates, delivers, and oversees support to children and young people at risk of or engaging in harmful behaviours, to reduce harm and improve positive outcomes.”
The reforms follow extensive community and stakeholder consultation process and have been implemented in two-stages approach to ensure that the necessary range of support services are in place, said the Government. The minimum age of criminal responsibility was first raised from 10 years to 12 years in 2023, following the passage of the Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 in the Legislative Assembly.
“This reform reflects our Government’s commitment to a justice system that is fair, evidence-based and puts the wellbeing of children at its core. It is not about removing accountability, but about responding in a way that leads to better outcomes for young people and the broader community,” said Attorney-General, Tara Cheyne.
“This is an incredibly important reform that introduces a therapeutic and supportive approach for children and young people who come into contact with the justice system,” said Minister for Police, Fire and Emergency Services, Marisa Paterson.
“Police are often the first responders when young people are in crisis. These reforms equip our frontline officers with the tools and partnerships they need to connect vulnerable children with the right support. By prioritising prevention, early intervention, and long-term community wellbeing, this is a significant step forward.”
