Raising the age of criminal responsibility
Legislation began in November 2023 which aims to:
- divert children and young people away from harmful behaviours to themselves or to others
- support children and young people to be part of a safer community.
This legislation is the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023.
About the reform
The legislation raised the minimum age of criminal responsibility in the ACT from 10 to 14 years in 2 stages:
- On 22 November 2023, the minimum age of criminal responsibility increased to 12 years old.
- On 1 July 2025, the minimum age of criminal responsibility increased to 14 years old.
This means that children 13 years and under will not be held criminally responsible for harmful behaviour.
There are exceptions for 12 and 13 year olds who commit certain serious and intentionally violent offences.
Children and young people 10 years and over can still be charged with Commonwealth offences. This is because the minimum age of criminal responsibility under Commonwealth law is 10.
What is not changing
ACT Policing will continue to respond to any call for assistance, regardless of the apparent age of the offender. Crime and harmful behaviour should be reported to police online, or by calling 131444 (or 000 in an emergency).
Victims who are affected by harmful behaviour still have rights. They may be eligible for supports, regardless of the age of the person who caused the harm. More information on victims rights and supports is available at Victim Support ACT or by calling 1800 822 272.
What is changing
ACT Policing will attend an incident and ensure the safety of all present. They will establish the events that have taken place and determine whether an offence has occurred.
Police will then consider the appropriate referral pathway to support children and young people who come to their attention.
This may involve immediate referral to the:
- Safer Youth Response Service to ensure the child or young person is immediately safe, and/or
- Therapeutic Support Panel for individualised therapeutic responses to address the root causes of the behaviour.
Support services are available all day, every day.
Changes will also commence on 1 July 2025 to clarify how existing police search, stop and detain powers apply to a person 13 years and under.
The changes balance the importance of limiting a young person’s exposure to the criminal justice system with the need for police to use their powers to ensure the safety of the young person and the community. The changes do not apply where police are investigating conduct by a person 14 or over.
From 1 July 2025, children under 14 cannot be listed as a respondent to a protection order, including a family violence order or personal protection order. Orders previously made in relation to a respondent under 14, including an interstate order registered or recognised in the ACT, are no longer enforceable.
More information about protection orders is available on the ACT Courts website.
Why it’s important
The minimum age of criminal responsibility recognises that children’s brains are not developed enough to form criminal intent.
This reform addresses the underlying causes of harmful behaviour for children and young people and aims to divert them away from the criminal justice system.
Children and young people who engage in harmful behaviours often live with disability, trauma, complex circumstances and face daily challenges. By addressing their unmet needs, we can divert them from a lifetime engaging with the criminal justice system.
Raising the minimum age of criminal responsibility helps at-risk children outside of the justice system. It means we address the cause of their harmful behaviour to get better results for them, their families, and the community.
How we will know if these changes are working
A statutory review of the legislation will be undertaken in the second half of 2028.
The Safer Youth Response Service Pilot is currently being independently reviewed.
The Therapeutic Support Panel for Children and Young People delivers an annual report which identifies issues in the service system that impact on children and young people accessing the supports and services they need.