The Victorian Bar, the Criminal Bar Association of Victoria and the Children’s Court Bar Association, are disappointed that the Victorian Government has abandoned its previous commitment to raise the minimum age of criminal responsibility from 12 to 14 by 2027.

In doing so it has resiled from its own carefully considered reform that was the product of extensive community consultation, including with experts who work within the criminal justice system and evidence based.

The recently adopted Youth Justice Bill 2024 is to be applauded for its commitment to diversion from the criminal justice system and focus on support, noting that many children who interact with the criminal justice system, and children with complex needs, have often had interactions with the child protection system.

However, the abandonment of the increase to the minimum age of criminal responsibility concerningly ignores a body of evidence, including from the United Nations Committee on the Rights of the Child. Nor does it promote the right of a child to protection in their best interests in s 17(2) of the Charter of Human Rights and Responsibilities Act 2006 (Vic).

The Bar notes the disproportionate representation of Aboriginal and Torres Strait Islander children in custody, and is concerned that the announcement is contrary to important recommendations flowing from the Yoorrook Justice Commission’s truth-telling processes.

Any focus in the youth justice sphere should be on diversion, rehabilitation and support, including proper funding of education, treatment and support services to all Victorian children.

The Bar encourages the Government to reconsider its position and is committed to doing all that it can to support the reform.

https://www.vicbar.com.au/news-events/media-release-%E2%80%94-youth-justice-reforms