The Victorian Equal Opportunity and Human Rights Commissioner has released a statement urging the State Government to take a leadership role on the national issue of raising the age of legal responsibility of young children.
The Commissioner, Kristen Hilton’s statement followed the Council of Attorneys-General’s decision earlier this week not to progress reform on the age of responsibility until 2021.
“Children as young as 10 should not be held in youth detention,” Commissioner Hilton said.
“What we need is a holistic, evidence-based response to these behaviours, rather than a criminal justice one,” she said.
“The United Nations Committee on the Rights of the Child has consistently stated that countries should work towards a minimum age of 14 years or older.”
“Despite this, Australia still has one of the lowest ages of legal responsibility.”
Commissioner Hilton said this meant that children as young as 10 could receive criminal penalties, such as imprisonment.
“Raising Victoria’s age of legal responsibility to at least 14 years of age is also a vital step in reducing the over-representation of Aboriginal children in the justice system and supporting the wellbeing of young people across Victoria,” she said.
“Aboriginal children are particularly affected by the low age of legal responsibility as they are more likely to be involved with the youth justice system due to differential treatment and the criminalisation of disadvantage and trauma.”
Commissioner Hilton said existing diversionary programs that addressed the underlying risk factors and prevented re-offending should be strengthened to ensure there was an appropriate response to behaviours currently considered criminal.
