The ACT Government introduced a bill into the Legislative Assembly in May 2023 to raise the minimum age of criminal responsibility, making the ACT the first Australian jurisdiction to legislate an increase to 14 years no more than 2 years after first raising it to 12.

The Justice (Age of Criminal responsibility) Legislation Amendment Bill 2023 raises the minimum age of criminal responsibility in the ACT from 10 to 14 years. The minimum age of criminal responsibility increased to 12 on 22 November 2023. It further increases to 14 on 1 July 2025. This will ensure children under the age of 14 years old cannot be held criminally responsible, with the exception of children aged 12 and 13 years old who commit certain exceptionally serious and intentionally violent offences.

In November 2022, the ACT Government released a Position Paper outlining how this reform would be implemented, key policy decisions already taken and what elements required further consultation.

The Position Paper reflects the feedback we heard through earlier consultations, including submissions from the community on a Discussion Paper released in August 2021. This feedback is summarised in this Listening Report.

In addition, the ACT Government commissioned an independent review led by Emeritus Professor Morag McArthur in 2021. The review's Final Report identified service system changes to support children and young people when the minimum age is raised.

Following the 2020 election, the ACT Government committed to raising the minimum age of criminal responsibility as agreed Legislative Reform in the Parliamentary and Governing Agreement for the 10th Legislative Assembly.

Exposing children and young people to the criminal justice system can have a significant impact on their neurological and social development and can result in life-long interactions with the justice system.

The existence of a minimum age in justice systems recognises an age below which children are not able to form criminal intent in undertaking harmful behaviours, and therefore a criminal justice response is not appropriate.

Instead, we should provide therapeutic and restorative care to children and young people who are engaging in harmful behaviour.

Therapeutic and restorative care will improve outcomes for children and young people and increase community safety by diverting young people now and reducing later engagement in offending behaviour.

To prepare for the introduction of the legislation, the ACT Government is reforming the service system required to support raising the minimum age of criminal responsibility. This includes

• Improving the experiences and outcomes for children under 14 years old who are engaging in harmful behaviour that brings them to the attention of the justice system.
• Leveraging this as an opportunity to improve the service system for a broader cohort of children and young people who face risk and engagement with youth justice.
• Increasing community safety by intervening early and diverting children and young people onto a healthier pathway and away from later engagement in offending behaviour.
• Working with community stakeholders to design and implement the service responses required to give effect to alternative pathways for children and young people aged 10 to 12 years old, and then 12 to 14 years old.

We appreciate the substantial advocacy and input we have received to date, which has been instrumental in progressing this important reform.