Responsibility: State and territory governments
Response:
ACT: Accept
VIC: Accept in part
QLD, NT do not support
TAS: Accept in principle
NSW, SA, WA: Subject to further consideration
Australian Capital Territory
Response: Accept
Status: Complete
What has been achieved to date
This recommendation is complete for the ACT.
ACT government response July 2024
The ACT Government has already enacted legislation increasing the minimum age of criminal responsibility in the ACT. The Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (ACT) raises the minimum age of criminal responsibility from 10 to 14 years in two stages. On 22 November 2023, the minimum age of criminal responsibility was raised to 12 years, and on 1 July 2025, the minimum age of criminal responsibility will be further raised to 14 years, with a small number of exceptions for very serious and harmful offences.
New South Wales
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The NSW Government continues to consider alternative and additional responses for children aged under 14 years who demonstrate problematic and harmful behaviours.
NSW government response July 2024
Raising the minimum age of criminal responsibility is not currently on the NSW Government’s agenda.
The NSW Government is considering ways to identify alternative and additional responses needed to maintain community safety, while supporting the diversion from the criminal justice system of children aged 14 years and under who are demonstrating problematic and harmful behaviours.
One key consideration for NSW in any future decision about raising the minimum age of criminal responsibility will be the adequacy of existing appropriate intervention and support services for young people who would no longer be considered offenders, but who would continue to cause harm and impact the community. Any change must ensure that young people and communities are safe and adequately supported.
Northern Territory
Response: Do not accept
Status: N/A
What has been achieved to date
Nil response.
NT government response July 2024
The Northern Territory passed legislation in the October 2024 Sittings of the Legislative Assembly to lower the age of criminal responsibility to 10 years of age.
Queensland
Response: Do not support
Status: N/A
What has been achieved to date
The Queensland Government reaffirms that it will not be raising the minimum age of criminal responsibility.
The Making Queensland Safer Act 2024 was passed in the Legislative Assembly on 12 December 2024 and implemented a number of key reforms under the Making our Community Safer Plan. This included introducing ‘adult crime, adult time’ to ensure there are consequences for actions for young offenders and removing detention as a last resort from the Youth Justice Act 1992.
QLD government response
The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.
2025 response
The Queensland Government will not be raising the minimum age of criminal responsibility.
In Queensland, the minimum age of criminal responsibility is 10 years of age. For a child aged between 10 and 14 years, there is a rebuttable presumption that the child is not criminally responsible for an offence. The presumption requires the prosecution to prove beyond reasonable doubt that the child had capacity to know that they ought not to commit the offence in order for a child to be criminal responsible for an offence.
South Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The South Australian Government remains committed to considering this recommendation further, and will provide a response in due course.
SA government response July 2024
The minimum age of criminal responsibility in South Australia is currently 10 years of age. The South Australian government is currently considering raising the minimum age of criminal responsibility to 12. The Attorney-General’s Department is currently consulting on replacing the existing criminal justice process for children between 10–12 who engage in behaviour that would otherwise have been a criminal offence, with alternative diversion models of support.
Tasmania
Response: Accept in principle
Status: Further work required
What has been achieved to date
This recommendation will be considered as part of the body of work to be undertaken by the Tasmanian Department of Justice to implement recommendation 12.11 from the Tasmanian Commission of Inquiry, with a suggested deadline of 1 July 2029.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The Tasmanian Commission of Inquiry included a recommendation (Recommendation 12.4) that the Tasmanian Government introduce legislation to increase the age of criminal responsibility to 14 years. The Tasmanian Government has supported this recommendation and are working to implement this change by July 2029.
Victoria
Response: Accept in part
Status: In progress
What has been achieved to date
On 27 August 2024, the Victorian Government passed the Youth Justice Act 2024 (Vic) (the Act) raising the minimum age of criminal responsibility from 10 to 12 years old.
The Act also codifies and strengthens the existing legal presumption of doli incapax, which presumes that a child under 14 cannot be held criminally responsible unless they knew their actions were seriously wrong.
VIC government response July 2024
We accept this recommendation in part.
We will raise the minimum age of criminal responsibility in 2 stages.
Initially, we will raise it from 10 to 12 without exceptions. Then we will raise it to 14 with exceptions for serious crimes by 2027. This will be subject to the design and implementation of an alternative service model.
We will introduce legislation this year raising the age to 12 without exception as part of the first stage of this commitment.
We recognise the evidence. We understand the community wants us to respond to the unique developmental stage of children aged 10–13.
We will adopt a measured approach that puts these reforms into practice safely, effectively and sustainably.
Before we raise the age to 14, we need to make sure we have a robust service system in place. This is because we need to respond to the change in the profile of youth offending as children get older.
Western Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The WA Government approved $7.8 million over 2025-26 and 2026-27 for a two-year trial of the program to intensely intervene in the trajectories of children between the ages of five and nine years who come to the attention of the WA Police Force for behaviours which would otherwise constitute a criminal offence. Where no process currently exists, On Track to Thrive will provide a pathway for police to refer children to an Expert Reference Group to consider their circumstances holistically and recommend a tailored, multi-agency service response that may include case managed health support via the Department of Health's Health Navigator Pilot Program, Intensive in-home family support and case management from the Department of Communities, and intensive, in-classroom educational support from the Department of Education. On Track to Thrive will be trialled in Perth and Geraldton, and subject to an evaluation to inform further funding and/or expansion.
WA government response July 2024
The WA Government is giving further consideration to this recommendation.
What the Disability Royal Commission said in the final report
States and territories that have not already done so should introduce legislation to raise the minimum age of criminal responsibility to 14.
More recommendations
View progress on other recommendations made by the Royal Commission.