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The Canberra Times
The Canberra Times
Jasper Lindell

ACT's criminal responsibility age change bill to contain exceptions

Attorney-General Shane Rattenbury, pictured in the Legislative Assembly in February. Picture by Elesa Kurtz

The ACT's minimum age of criminal responsibility will remain lower for children charged with serious offences, including murder and sexual assault, when the overall age is raised to 14.

The government will on Tuesday introduce a bill to the Legislative Assembly to raise the age to 14 by July 1, 2025.

The bill, expected to pass with Labor and Green support, would raise the age to 12 years on commencement.

Attorney-General Shane Rattenbury said the two-stage process would allow the government to make changes to the way the justice system handles younger children first.

"The reforms in this bill will help address the factors which impact children and young people under 14 who engage in harmful behaviour, rather than criminalising them," Mr Rattenbury said.

"Addressing the underlying needs of this cohort will reduce recidivism and support the wellbeing of young people in the community."

The minimum age of criminal responsibility will remain at 12 for children charged with murder, intentionally inflicting grievous bodily harm, sexual assault in the first degree or an act of indecency in the first degree.

The territory's cabinet last year agreed to raise the age of criminal responsibility but had agreed to consider exceptions for young people who commit serious crimes.

Mr Rattenbury said the bill recognised and maintained victims' rights in the face of harm caused by children aged 10 to 13.

"The bill will also support all children and young people under the age of 18 involved in the criminal justice system by introducing a new community-based intensive therapeutic sentence called a therapeutic correction order," he said.

"The order will provide wraparound services for a young offender convicted of a criminal offence to ensure they receive assistance to address their needs and reduce the likelihood of reoffending."

A major report in October 2021 found sweeping reforms were needed to the ACT's service and support systems if the age of criminal responsibility is raised, concluding that without reforms the legislative change would not result in better outcomes for children.

The ACT in August 2020 became the first Australian jurisdiction to support raising the minimum age of criminal responsibility to 14.

But Labor and the Greens were in 2022 understood to have divided on when to introduce the legislation and the form it would take.

Mr Rattenbury said at the time he had presented a range of options to cabinet and discussions were ongoing.

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