‘Children don’t belong in prison’: We shouldn’t wait four years to raise the age of criminal responsibility to 14

I don’t believe it’s a controversial view to think that children shouldn’t be thrown in prison cells. 

As a Bangerang and Wiradjuri Elder, I know it’s certainly not controversial in my community. In fact, it’s something we’ve been calling to change for many years now. 

This week I heard the news about the Andrews government’s commitment to raising the age of criminal responsibility in Victoria — initially to 12 in 2024, and to 14 by 2027. 

I had mixed views. I’m glad to see some progress, and this is a small step forward, but I am disappointed and confused about why we have to wait four years. 

To have the age raised to at least 14 is something that I — along with many medical experts, legal experts and dedicated First Nations advocates and legal centres across the nation — have been campaigning for over the years. 

Youth incarceration is a vicious cycle. If you lock up kids when they’re 12, they may never recover. I know this because it’s happened to my family. 

When I was young I had a nephew, but we knew each other as brother and sister. When he was about 10, he used to steal from his teacher on occasion. Eventually he got caught.  

He was taken from us. First, he was sent to Baltara Boys Home, then Parkville, then they put him in Malmsbury. After that, he went to Sydney, Long Bay Correctional, and then Goulburn jail. After some sorry business, he had to come home to Victoria but ended up in Pentridge, and when he finally got out, he moved back to the high rises in Fitzroy. But he was sick — he died young at the age of 36. 

The trajectory of his life never recovered after the day he was put in Baltara. His life was irreparably destroyed for stealing 20 bob. Today things like this still happen.  

In 2023, kids like my nephew can still get locked up at the age of 10 in several states and territories in Australia. 

When you throw a child into a cell at such a young age, you run the risk of throwing their future away too. These realities are not something we should be waiting another four years to act on. It should have already happened.  

Experts from all over, domestic and international, have called for the age to be raised to at least 14, not 12. It’s consistent with legal experts, medical ones and our own mob. It’s also an explicit recommendation by the United Nations. 

Children aged 12 and 13 are way too young to send to prison. They need love and support to find their feet, not to be thrown into a cell. 

I understand that changes can’t be made overnight — some things take time to plan and implement. But I do not understand why we have to wait four more years to make this simple change. We’ve been talking about it for a long time. 

Staggering the reform is not unheard of — the Australian Capital Territory committed to raising the age to 12 this year and then to 14 within two years.

But four years? Not even within this term of government? It feels like they are kicking the can down the road for someone else to deal with. Or perhaps they hope we’ll forget about it, but we will not.  

In the First People’s Assembly of Victoria’s treaty elections next month, I can imagine this will be an issue many candidates will intend to raise as part of treaty negotiation with the government. It’s a topic our community has strong feelings about. We know how painful and damaging it is to have our families ripped apart by outdated laws and unfair practices. 

Delaying until 2027 is four more years of children being locked up — even though we know, and the government knows, that it’s not best practice and it ruins people’s lives.  

As a society we are better than this, we are better than locking up kids. The Victorian government’s own attorney-general has admitted that the current plan to raise the age “falls short” of community expectations. It is very disappointing. 

However, it is also important that we take a minute to acknowledge that we are making progress. I want to thank all the mob and allies who have worked hard over the years to secure this reform. But let’s be clear, the fight isn’t over. Children don’t belong in prison. It’s that simple.

I know our community will keep pushing until the age is raised to at least 14. 

Is Victoria kicking the can down the road? Is it acting fast enough? Let us know your thoughts by writing to letters@crikey.com.au. Please include your full name to be considered for publication. We reserve the right to edit for length and clarity.