Loose support to raise the age of criminal responsibility across Australia has been beaten down in NSW, where the Attorney General has advised there is no intention to make any changes this year. 

The Western Plains App reported last year that there was support from Australia’s State Attorney’s General to raise the criminal age of responsibility from 10 years to 12.

Currently in NSW, any 10-year-old Australian is of age to be imprisoned for criminal activity. 



At the time, advocates argued that 12 wasn’t old enough and 14 should be the minimum age, but those calls have been dashed by the announcement in NSW Budget Estimates where the Attorney General Mark Speakman revealed children from age 10 will remain subject to terms of imprisonment. 

In Budget Estimates this week Mr Speakman was questioned about the progress or any attempt to raise the age, after government was presented with a petition of over 60,000 signatures in favour of raising the age. 

“I anticipate it will come to a head probably in the middle of next year. I can’t…pre-empt what NSW may or may not do, but our present position is we are part of that national process, trying to find common ground among the States,” Mr Speakman said. 

While the ACT has announced they will raise the age to 14 and Northern Territory to 12, there has been little commitment from other states. 

Keeping local kids out of the justice system

In the year to December 2021 there were 517 juvenile offences across the Far West and Orana region that proceeded to court.

Mr Speakman failed to commit to the review of the justice system and implementation requirements for raising the minimum age, giving little hope of any imminent change. 

So far, the Government is committed to a ‘harmonisation project’, where decisions will be attempted to be made in union with other states, including Queensland and Western Australia. 

Across the Western Plains, the issue is close, with juvenile offences lying far beyond the average of other regions. 

Greens MP Sue Higginson said the failure to act on the petition was overwhelming. 

“This is an enormous failure of this Government and a massive slap in the face to the many experts, organisations, families and children who have made the case for change,” Ms Higginson said. 

“First Nations children suffer disproportionately as they are vastly over-represented in the criminal justice system…the NSW Government has…indicated that we are leaving children behind bars indefinitely,” she said. 

Ms Higginson said that harmonisation isn’t an option if any progress is to occur. 

“If the Attorney General was serious about raising the age he needs to take leadership and do the work that’s required to raise the age here in NSW,” she said.