Victoria shies away from raising the age

The Victorian government appears to be avoiding debate on its own “child protection” bill for fear of admitting it either does or doesn’t want children as young as 10 put in prison.

While the conservative Tasmanian government has taken action this week to prevent children as young as 10 years old being put in prison, Victoria is “dragging its feet” on the issue.

It was reported this week that the Andrews government had deferred debate on its own bill looking at the rights and welfare of vulnerable children because the Greens had moved an amendment to raise the age of criminal responsibility from 10 to 14 years old.

The report said this was due to concerns over a “tough on crime” state election in November.

The Victorian government has, through the country’s Attorneys-General, agreed to eventually raise the age to 12, but a huge range of health, medical and human rights organisations recommend this being at least increased to 14. 

This is due to children’s brains still developing at these ages, particularly parts responsible for judgement, decision-making and impulse control, meaning they can’t foresee the consequences of their action and the criminal nature of their behaviour.

The groups are also trying to ensure young children, particularly First Nations children, don’t become stuck in the criminal justice system from such a young age.

Other states going it alone

Despite being the self-proclaimed most progressive government in the country, Victoria is avoiding a debate on raising the age in the same week that the conservative Tasmanian government made a major step towards this.

Tasmania announced plans this week to become the first jurisdiction in Australia to raise the minimum age of detention from 10 to 14. Advocates argue this doesn’t nearly go far enough, but that it’s a positive step in the right direction.

The ACT government has also unveiled a strategy to go beyond the national plan and raise the age of criminal responsibility to 14 years old.

The Children, Youth and Families Amendment (Child Protection) Bill 2021 was introduced to the lower house and passed in October, and introduced to the upper house in the same month.

But it has not been brought up for debate and passage in the near-year since, and appears to have been entirely put on ice before the state election later this year.

The Greens have moved a number of amendments to the bill, including to raise the age and ban solitary confinement in youth detention centres.

A spokesperson for the Victorian government declined to comment on the potential deferral of debate on the bill in question, but said work is ongoing to “develop and consider a proposal” to increase the age of criminal responsibility to 12.

“In the meantime, we’re continuing to tackle the root causes of youth offending, because the best outcome for young people is to avoid contact with the justice system in the first place,” the spokesperson said.

The state government’s reluctance to even debate this issue has been slammed by Greens MP Tim Read.

“If that’s what is happening, then it’s just Labor walking away from their responsibility to bring in legislation,” Read says. “They will routinely vote for or against amendments and the bills will pass through with or without them, but for them to refuse to even take responsibility for their position on this is truly remarkable.

“When they’re telling kids that they have to be responsible for their actions from 10 years old but they’re not willing to own up to what their position is on this, it’s more than ironic.”

Playing politics

Change the Record co-chair Cheryl Axleby says the Victorian government has “dragged its feet” on the issue.

“It is extremely disheartening to hear reports that the Victorian government has decided to delay crucially important justice reforms because they are worried about playing politics at the state election,” Axleby says.

“Our children’s lives should be more important than political point scoring. Our children deserve to be represented by governments that are brave enough to do the right thing and keep them safe from harm, not governments that run away from necessary, important reforms because they have political skin in the game.”

Children should not be treated the same as adults in the criminal justice system, Read says.

“We’re talking about kids - some of them are still losing teeth, they’re too young for Facebook. They shouldn’t be going to court at all,” Read says.

“It’s very clear that kids at this young of an age don’t have the cognitive development of adults and to place the same responsibilities on them in the courtroom, not only is it unfair but it’s usually rejected in the courts.

“All of the negative impacts of throwing these children into the justice system too young are occurring while the Victorian government is too spineless to bring on the debate.”

There is a national plan for states and territories to raise the age to 12, but the ACT and Tasmania have now announced plans to go it alone and go further than this.

“Whatever national process there was has clearly dissolved,” Read says. “The ACT is going it alone, Tasmania is going it alone. Everyday that Victoria waits means that more kids are dragged before court or detained, and they can be kept in police cells.”

Numerous reports, health organisations, human rights and legal groups have called for the age of criminal responsibility to be raised to at least 14 years old.

Victoria’s former commissioner for Aboriginal children and young people called for the age to be raised, and for laws to be amended so children under 16 can’t be sent to youth custodial centres, and children aged under 18 can’t be sent to adult prisons.

A parliamentary inquiry into the criminal justice system in the state also recommended that the age of criminal responsibility be raised to 14.