17 November 2022
Medical Colleges from across Australia have signed an open letter calling for the Federal Government to release ‘Final Report’ into raising the age of criminal responsibility prepared for the Council of Attorneys-General in 2020.
The letter from medical colleges calls for all governments to raise the age of criminal responsibility from 10 years old to 14. The Colleges also say a national taskforce must be established to address the issues plaguing youth incarceration.
The signatories to the open letter include:
- Royal Australasian College of Physicians (RACP)
- Australasian College for Emergency Medicine (ACEM)
- Royal Australian College of General Practitioners (RACGP)
- College of Intensive Care Medicine of Australia and New Zealand (CICM)
- Royal Australian and New Zealand College of Psychiatrists (RANZP)
According to the ABC, the Councils of Attorneys-General received a report that vindicates years of campaigning from human rights campaigners and medical professionals that all Australian governments should raise the age of criminal responsibility from 10 years old to 14.
The report has not been made public – and the age of criminal responsibility in every state and territory in Australia remains at 10. The ACT is the only jurisdiction that has committed to raising the age to 14, and the commitment has not been fully realised.
The open letter calls for:
- The Federal Government to publish the report referred to on Four Corners
- The Federal Government to establish a task force to fix recurring problems in the youth justice system, in line with the advice of the National Children’s Commissioner.
- All governments to immediately commit to raising the age of criminal responsibility to 14 years with no exemptions and no carve-outs.
The RACP has been campaigning with the Raise the Age campaign to call for all governments to raise the age of criminal responsibility from 10 to 14, in line with all medical evidence and advice.
RACP President and Paediatrician Dr Jacqueline Small says “It is a disgrace that children under 14 in Australia are still being locked up and this flies in the face of all medical evidence and advice.
“Children between the ages of 10 and 13 years old do not have the developmental maturity and decision making skills to be held criminally responsible, and we know that many of the children in youth incarceration have suffered from trauma or have developmental disabilities that impair their decision making skills.
“These children are often undiagnosed until after they enter the criminal justice system.
“We need to support, not incarcerate, children.
“We need the Federal Government to immediately release the report prepared for the Council of Attorneys-General in 2020.
“It is unacceptable that this report has been sitting un-actioned behind closed doors while children as young as 10 are being incarcerated.
“Incarcerating children this young causes serious harms for them and their communities.
“14 years old is the absolute youngest age a child should be held criminally responsible, and we’ve been very disappointed to see the NT Government attempt this reform, only to miss the mark with an age of 12.
“More must be done to ensure children are not incarcerated for behaviours that are a direct consequence of their young age, their disability or their earlier trauma and provide these children with the care, support and treatment that they need and that preserves their dignity and human rights.
“Exposure to the criminal legal system has serious consequences on the education, development, mental and physical health, and adult incarceration rates, on these children.” Dr Small said.