In mid 2020, they indicated that more work was needed to be done on alternative forms of punishment before they could make their recommendations, and in late 2021, the Council of Attorneys-General failed to reach a national consensus.
[5][6] According to Australian Medical Association President Dr Tony Bartone, raising the minimum age of criminal responsibility will prevent the unnecessary criminalisation of vulnerable children.
In an Australian Medical Association media release, Dr Bartone said:[7] Australia has one of the lowest ages of criminal responsibility in the world.
Children who are forced into contact with the criminal justice system at a young age are also less likely to complete their education or find employment, and are more likely to die an early death.
[4] Criminologist Chris Cuneen cites a number of well-founded reasons for increasing the minimum age of criminal responsibility in Australia to 14, echoing Dr Bartone's list above.
[10] The Australian Human Rights Commission submitted its report, Review of the age of criminal responsibility, to the Working Group on 26 February 2020.
The Law Council, the Royal Australasian College of Physicians and others have said that there needs to be more emphasis on "support services, treatment, early intervention, prevention, justice reinvestment initiatives, and community-led diversion programs", built on Indigenous authority and culture.
[9][16] The matter of incarceration of Indigenous adults and children, and a recognition of its relationship to disadvantage, has been recognised and reflected in the 2020 targets of the federal government's Closing the Gap strategy.
[17] A documentary film by Maya Newell called In My Blood It Runs follows a ten-year-old Arrernte/Garrwa boy who got into trouble and was almost imprisoned.
The bill, introduced by Attorney-General Chansey Paech, was expected to pass, making NT the first Australian jurisdiction to raise the age above 10, although the commencement date was delayed until 2023.
[22] During the 2024 Northern Territory general election the Country Liberal Party (CLP) opposition had a policy to lower the age of criminal responsibility back to 10.
[26][27] In August 2020, the Legislative Assembly of the ACT voted to increase the age of criminal responsibility to 14 in line with UN standards,[28][15] a move welcomed by Indigenous advocates.