A Better Future Starts with Raising the Age of Criminal Responsibility
No 10-year-old should be treated like a criminal.
In most parts of Australia, children as young as 10 can still face the criminal justice system, including being arrested and charged. It’s something many people are surprised to learn and rightfully so. Ten-year-olds are still in primary school. They’re still learning who they are, how to express emotions and how to make sense of the world.
When children at this age make mistakes (and they do) the response needs to be therapeutic, supportive and developmentally appropriate, not punitive. We know that early involvement in the justice system can have serious, lifelong impacts. And we also know that Aboriginal and Torres Strait Islander children are disproportionately affected, often due to the same systemic disadvantages and trauma they’ve experienced throughout their lives.
While the ACT has now legislated to raise the age to 14 (July 2025) other states are moving more slowly:
Victoria has raised the age to 12 with further increases to 14 by 2027 (Victorian Government, 2023)
Northern Territory raised the age to 12 in August 2023, but lowered back to 10 in Oct 2024 (Northen Territory Government, 2024)
New South Wales, South Australia and Western Australia continue to maintain minimum age at 10, with no formal commitment to increase it (Australia Institute of Family Studies, 2025)
Queensland and Tasmania are reviewing and recommending an increase to 14, but no formal policy yet. Currently, the minimum age remains 10. (Queensland Family & Child Commission, 2022, Queensland Government, 2024, Tasmanian Government, 2023)
Why this matters to us?
Key Assets Australia (KAA), are encouraged to see the ACT’s move to raise the age of criminal responsibility to 14. As an organisation that works alongside children, young people in out-of-home care as well as families, we know the impact this can have. Particularly those who have experienced trauma or disadvantage. This is an important step forward towards a system that prioritises care, healing and development for our children and young people.
“Raising the age of criminal responsibility to 14 affirms the commitment to a more just and compassionate society.”
One that prioritises the wellbeing and development of children over corrective responses, said Key Assets Australia CEO Dr Dianne Jackson.
“The ACT has taken a commendable step forward. Now, the onus is on all jurisdictions to follow suit and ensure this does not fall over by the wayside."
KAA, are especially encouraged to see this decision in the ACT, where we’ve recently expanded our services. Our Territory Director Lucy Mitchell reflects on how a shared commitment to being child-centred gives young people the best chance for their future
"I’ve worked in the Canberra community sector for many years, with a focus on social justice and meaningful community change. Throughout my career, I’ve been committed to delivering services that promote safety, wellbeing, and opportunity for those who are vulnerable or in need of support. Raising the age is more than just a legal reform, it reflects the kind of community we want to be: one that protects children and invests in their future.”
Children and young people deserve the same level of care, protection and developmental support no matter where they live in Australia. Raising the age of criminal responsibility to 14 is more than a legislative change; it’s a commitment to a justice system that recognises, trauma, values early intervention and priorities long-term wellbeing over short-term retribution. It’s time for a consistent, compassionate national approach that puts children and young people first.
Resources
- You can read more about the campaign here
- Sign the #RaiseTheAge petition here