CREATE Foundation welcomes the announcement that the South Australian Government will consider raising the minimum age of criminal responsibility. However, raising the age from 10 to 12 does not go far enough.
CREATE Foundation calls on the South Australian Government to raise the age of criminal responsibility to 14 years in line with medical expert advice to reflect the international standards for children’s rights.
Evidence shows that the earlier a child has contact with the criminal justice system, the more likely it is they will have long term involvement in crime (AIHW, 2022).
Raising the age of criminal responsibility is a critical first step in safeguarding the rights, wellbeing, and development of young children and avoiding the stigma of criminalisation. But it can’t stop there. It must be implemented in conjunction with increased investment in programs focused on prevention, diversion, therapeutic support, and rehabilitation.
Young people with an out-of-home care experience are far more likely to have contact with the justice system than young people without a care experience. More than half (53%) of the young people under youth justice supervision during 2020 –21 had an interaction with the child protection system in the preceding 5-year period and 21% had been in out-of-home care in the last 5 years (AIHW 2022).
Sadly, nearly one-third (30%) of the young people under youth justice supervision during this period were the subject of a substantiated notification for abuse or neglect (AIHW, 2022).
CREATE joins calls from SACOSS, the national #RaiseTheAge campaign and the many other community organisations and advocates invested in protecting and promoting the rights of children in the justice system. It’s time to raise the age of criminal responsibility to 14 in South Australia.
Have your say
Have your say about the minimum age of criminal responsibility in South Australia by making a submission to the government before Monday, 25 March. Have your say here.
About CREATE
CREATE Foundation is the national consumer body representing the voices of children and young people with an out-of-home care experience (including kinship care, foster care and residential care). CREATE develops policy and research to report on and advocate for a better care system.
Key statistics on the care sector in Australia
- 46,212 children and young people were reported in 2020-21 as living in out-of-home care across Australia (AIHW, 2023).
- Young people in out-of-home care are 16 times more likely to be under a youth justice order than the general population (AIHW, 2022).
- 30% of young people experience homelessness within the first year of leaving care. (McDowall, 2020).
- 38% of young people have been involved with the justice system (McDowall, 2020).
- 30% of young people who have left care or preparing to leave care are unemployed (McDowall, 2020).
- 36% children and young people in care do not live with any of their siblings (McDowall, 2020).
- 35% of young people in care have five or more caseworkers during their time in care (McDowall, 2018).
- 67% of young people in care over the age of 15 are not aware of having a leaving care plan (McDowall, 2020).
References
Australian Institute of Health and Welfare [AIHW]. (2022). Young people under youth justice supervision and their interaction with the child protection system 2020–21. No. CSI 29. AIHW. https://www.aihw.gov.au/getmedia/e4f440c3-abb0-4547-a12b-081a5a77908b/aihw-csi29-Young-people-under-youth-justice-supervision2020-21.pdf.aspx?inline=true
Australian Institute of Health and Welfare. (2023). Child protection Australia 2021–22. Retrieved from https://www.aihw.gov.au/reports/child-protection/child-protection-australia-2021-22
McDowall, J. J. (2018). Out-of-home care in Australia: Children and young people’s views after five years of National Standards. CREATE Foundation.
McDowall, J. J. (2020). Transitioning to adulthood from out-of-home care: Independence or interdependence? CREATE Foundation.
