Australia’s recently reelected Labor government is being urged by Human Rights Watch to demonstrate national leadership by increasing the minimum age of criminal responsibility. The organization sent a letter to Attorney-General Michelle Rowland, highlighting the need to stop incarcerating children as young as 10 years old.
Currently, most Australian jurisdictions allow children as young as 10 to be held criminally responsible and incarcerated. The United Nations Committee on the Rights of the Child recommends setting the minimum age at 14, acknowledging that children under this age are still undergoing significant brain development.
Annabel Hennessy, an Australia researcher at Human Rights Watch, stated, “The Australian criminal legal system’s mistreatment of children is one of the country’s most pressing human rights concerns.” She added that without progress in raising the age, children as young as 10 will continue to face adult trials and imprisonment contrary to international standards.
Ahead of the federal election on May 3, 2025, Human Rights Watch reached out to major political parties regarding their stance on various human rights issues, including adjusting the age for criminal responsibility. In response, the Australian Labor Party (ALP) indicated that reforming this age is predominantly a matter for state and territory governments. This marks a shift from their position during the 2022 election when they acknowledged that “the age of criminal responsibility was ‘too young'” and expressed intent to collaborate with states and territories for reforms beneficial for children.
There is well-documented evidence about the long-term negative impacts of incarceration on children’s mental and physical development. In some cases within Australia, minors have been placed in adult prisons or subjected to solitary confinement for over 23 hours daily. Although rare under federal law, child incarceration highlights severe consequences; in extreme cases, it has led to deaths in youth detention centers. Implementing federal changes could strongly influence state and territory practices.
Hennessy emphasized that “Australia’s newly reelected government has an opportunity to provide national leadership” by addressing these violations against children’s rights. She called for urgent action from officials ensuring necessary assistance and services are available for all children.
