At the Meeting of Attorneys-General on Friday, 12 November all State Attorneys-General agreed to support the development of a proposal to increase the minimum age of criminal responsibility (MACR) from 10 years to 12 years. This will include consideration of carve outs, timing, as well as discussion of implementation supports.
As Tasmania’s Attorney General and Minister for Justice, I have consistently expressed the view that a nationally consistent position on any reform to the age of criminal responsibility is required.
I note that the age of criminal responsibility is a separate issue to the age of detention, which will be considered separately as part of our new approach to Custodial Youth Justice in Tasmania. In Tasmania detention is a sentencing option of last resort and it is extremely rare for a young person under the age of 14 to be sentenced to detention in Tasmania.
No children aged between 10-12 years in Tasmania have received a sentence of detention in the last 5 years, and only 2 young people aged 13 have received a sentence of detention.
There are complex legal issues to consider in raising the age of criminal responsibility, and so I am incredibly pleased to have worked with all states to take this important step to develop a proposal as part of the Meeting of Attorneys-General.
The Tasmanian Government is already focused on delivering a new approach to youth justice in Tasmania which will include closing the Ashley Youth Detention Centre and establishing two smaller facilities, one in the North and one in the South. Our new approach is not just about custodial youth justice, but will include reform of the whole youth justice system.
This is why it is pleasing that all states have agreed to also ensure that the complex legal issues are considered as part of our commitment to develop a proposal to raise the age of criminal responsibility. This includes consideration of:
Developing this proposal is an important step to addressing these issues and protecting our children and young people, and I am incredibly pleased states have been able to come to a consistent approach in developing this proposal.
Further information regarding the decision from the Meeting of Attorneys-General is available in the Communique, which is available from 5pm today: www.ag.gov.au/about-us/who-we-are/committees-and-councils/meeting-attorneys-general