Congratulations on your appointment as Attorney-General. Human Rights Watch looks forward to engaging with you on critical human rights issues in relation to your portfolio.
Human Rights Watch is a nongovernmental human rights organization that is dedicated to defending and promoting human rights in about 100 countries around the world. We have had an office in Sydney since 2013. I am writing on behalf of Human Rights Watch in relation to the Albanese government’s position on raising the minimum age of criminal responsibility.
During the federal election, Human Rights Watch wrote to the major political parties to seek their positions on key human rights issues. This included their positions on raising the age of criminal responsibility. As you are aware, the age of criminal responsibility in most jurisdictions (including federal) in Australia is 10 years. The United Nations Committee on the Rights of the Child has recommended that the minimum age of responsibility be 14 years.
In its response to Human Rights Watch’s letter on April 21, 2025, the Australian Labor Party (ALP) wrote:
“Australian state and territory governments have primary responsibility for child protection, justice and detention. Overwhelmingly, age of criminal responsibility reform is a matter for state and territory governments. The Albanese Government remains committed to reform that will enable communities to establish locally tailored initiatives that address the underlying causes of incarceration, including to reduce the contact of First Nations children with the justice system. This includes the establishment of our landmark National Justice Reinvestment Program.”
Contending that age of criminal responsibility reform is “overwhelmingly” a matter for the states and territories is a significant departure from the ALP’s National Platform (chapter 6, point 37), which states that the party “will work closely with state and territory governments to review the age of criminal responsibility, paying regard to current international standards.”
It is also a step backward from the ALP’s 2022 election position, which stated that Labor believed the age of criminal responsibility was “too young” and would work closely with the states and territories to ensure it reflects what is best for children.
The treatment of children in Australia’s criminal legal system is one of Australia’s most pressing human rights concerns. We believe raising the age to at least 14 years, as recommended by international standards, should be a top priority for both federal and state and territory governments.
There is a medical consensus that children under 14 are still undergoing critical brain development, particularly in areas responsible for reasoning and impulse control. This affects their maturity and capacity for abstract reasoning.
At Australia’s Universal Periodic Review at the UN in 2021, 31 countries called upon Australia to raise this age limit. The UN Committee on the Rights of Child has recommended for two decades that Australia align with international standards.
In 2024, Australia’s National Children’s Commissioner Anne Hollonds published a report titled ‘Help Way Earlier’, calling for national reform. The report made recommendations including raising this age across all jurisdictions and establishing a National Taskforce for child legal system reform.
First Nations children are overrepresented within this system despite making up only about six percent of total child population but accounting more than sixty percent incarcerated youth under fourteen when first detained contributing significantly towards Closing Gap agreement goals targeting reduction rates amongst Aboriginal Torres Strait Islander youth detention thirty percent by year-end twenty-thirty-one target eleven thus necessitating such reforms achieving these aims successfully overall
Prime Minister Anthony Albanese announced establishment first-ever National Commissioner Aboriginal Torres Strait Islander Children Young People twenty-fourth-long advocated organizations significant contribution protecting children’s rights however currently incarcerated prisons locked cells twenty-three hours daily failing meet obligations evidence suggests does not increase community safety instead harms mental physical development deadly serious examples
If government raises federal level sends powerful message directly working alongside territories urge adopting similar measures ensuring compliance universally ratifying optional protocol convention communications procedure establishes complaint mechanism withdrawing reservation article thirty-seven c legislating acts incorporating conventions domestic law crucial steps moving forward together addressing important matters collaboratively sincerely Annabel Hennessy Australian researcher
