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‘No child belongs in prison’: 128,000 signatures to raise the age in NSW and Victoria
Pressure is mounting for state governments as large numbers from NSW and Victoria sign the petition to raise the age of criminal responsibility.
Jess Feyder
More than 128,000 community members, lawyers, and advocates from NSW and Victoria have called for the age of legal responsibility to be raised to at least 14, and for an end to arresting, handcuffing, strip-searching and jailing children as young as 10.
These initiatives follow a plea from 200,000 Australians, who signed the #RaiseTheAge petition handed to Parliament on 4 August.
Last year, the Australian government pledged to raise the age, and a significant groundswell of support is mounting to invoke government action on the issue.
“It’s basic decency and common sense that children need support, love and second chances — they belong in their homes, in schools and in playgrounds, not behind bars,” said Karly Warner, chief executive of the Aboriginal Legal Service Limited.
In March, an NSW budget estimates hearing revealed that 293 children aged between 11 and 13 had spent time in custody in 2021 — more than half of these children were Aboriginal or Torres Strait Islander.
“It is estimated that children who are arrested before they turn 14 are three times more likely to re-offend as adults than children arrested after they turn 14,” said Julie Edwards, CEO at Jesuit Social Services.
In NSW, the Aboriginal Legal Service presented the petition to parliamentarians alongside the Public Interest Advocacy Centre — both are among a broad coalition of organisations that have been fighting to raise the age for over two years.
The petition was delivered to NSW Attorney-General Mark Speakman, Labor representative Michael Daley MP, and Greens representative Sue Higginson on 11 August.
In Victoria, Fiona Patten MP, who chaired the bipartisan Legal and Social Issues Committee that oversaw the recent Inquiry into Victoria’s Criminal Justice System, met with the Smart Justice for Young People coalition to accept the petition.
Members of parliament and attorneys-general in every state and territory are being given a clear message from their constituents that children do not belong in prisons.
“If a young person is incarcerated at 10 years old, their life is significantly disrupted and it can be difficult to overcome this disadvantage,” said Andrew Bruun, CEO of Youth Support and Advocacy Service.
“The verdict from medical, legal and child development experts is clear: criminalising children causes lifelong harm,” said Jonathon Hunyor, CEO of the Public Interest Advocacy Centre.
“Locking up children fails our community. Kids need to learn from their mistakes, but imprisonment makes them more likely to drop out of school, develop mental illness, experience homelessness, and end up back in prison.
“To build a safer community we need to stop making things worse.”
Aboriginal and Torres Strait Islander children are disproportionately impacted by the very low age of criminal responsibility, they are overrepresented in youth prisons around the nation.
“As part of its Closing the Gap commitments, the NSW government has promised to reduce the rate of Aboriginal children and young people in detention by at least 30 per cent,” said Ms Warner.
“Raising the age of legal responsibility to 14 would not only bring us in line with international standards, it would also bring NSW much closer to honouring this commitment.”
“It is clear that there is popular support for raising the age of criminal responsibility to at least 14 years old, and that’s exactly what a good government would do — immediately,” said Nerita Waight, CEO of the Victorian Aboriginal Legal Service.
“Victoria committed to reducing the over incarceration of our children in the new Closing the Gap targets, but it will struggle to meet this goal if it does not raise the age of criminal responsibility to at least 14 years old.
“Our children have a right to be connected to culture, community, and country, but that right is taken away from too many of them.”
“The younger you arrest or incarcerate children, the more damage that is being done, and the more likely they will be entrenched in the criminal justice system as adults. A terrible outcome for everyone,” stated Tiffany Overall, spokesperson for Smart Justice for Young People.
“Instead, it’s very important that we put the right supports in place for these children and their families.”
“By raising the age of criminal responsibility and keeping children out of prison, we can ensure more children have the opportunity to reach their potential and lead healthy and fulfilling lives,” said Ms Edwards.
“Raising the minimum age of criminal responsibility from 10 to at least 14 is a simple action that the Andrews government can take right now to give our children a brighter future,” said Nick Espie, legal director at the Human Rights Law Centre.
“More than 200,000 Australians have backed the call, and it is time for the Andrews government to listen.”
“It’s our responsibility to ensure that every young person is safe and stable, so they have an equal chance to participate in society and meet their ambition and hopes for the future,” said Mr Bruun.
“No child belongs in prison,” said Mr Espie.
