- Published:
- Tuesday, 30 September 2025 at 10:53 am
We welcome the increase to the minimum age of criminal responsibility in Victoria from 10 to 12. This reform, backed by a wealth of evidence, will keep 10 and 11-year-old children out of the youth justice system now and reduce involvement in the long-term.
The change came into effect today after it was passed by Parliament in September 2024, following years of campaigning from the Victorian Aboriginal Legal Service, broader Aboriginal community and legal assistance sector.
Victoria is the second state or territory to raise the age from 10 after the Australian Capital Territory, which increased the age of criminal responsibility to 12 in November 2023 and to 14 in July 2025.
We have long advocated for the age to be raised to 14, in line with international standards, extensive evidence and numerous recommendations, including from the Yoorrook Justice Commission, United Nations Committee on the Rights of the Child and Koorie Youth Council’s Ngaga Dji report.
Yoorrook heard how the ongoing impact of colonisation harmed and criminalised First Nations children, leading to the over-representation we see today. Yoorrook recommendations make clear that raising the age of criminal responsibility to 14 is a crucial means to address this harm.
Raising the age to 12 is a step in the right direction and will help make our whole community safer.
The younger a child is given their first sentence, the more likely they are to reoffend. By raising the age, the Victorian Government recognises the benefits of early intervention and supports to appropriately address the underlying causes of a 10 or 11-year-old’s behaviour.
The change acknowledges that a younger child’s maturity and decision-making capacity is still developing. It is in line with our communities’ values to support, protect and nurture young children.
Our Executive Director of Criminal Law Kate Bundrock said:
‘Raising the age of criminal responsibility to 12 is an important milestone and an example of legislative reform driven by evidence.
‘As a community we know that 10 and 11-year-old children need care and love. Children should be supported to stay engaged with their community, family, friends and education. They should not be spending time in police stations, court rooms or custody, which only increase the likelihood of those children re-entering the justice system in the future.
‘While we will continue to advocate for the age to be raised to 14, it is important to recognise and celebrate the significance of this milestone.’
Victoria Legal Aid Executive Director of First Nations Services, Ashley Morris said:
‘It is well documented that young Aboriginal children are dramatically over-represented in Victoria’s youth justice system compared to other kids. This isn’t just data – we see this in our practice experience every day. Every number is a child with a family, community and their whole life ahead of them.
‘Raising the age to 12 is an important step in the right direction. However, it must be combined with Aboriginal designed, delivered and led therapeutic programs and supports for kids and families.
‘Providing children with tailored support early in their lives is the best way to ensure they do not end up on the well-trodden pipeline from youth justice to the adult criminal justice system.’
More information
Read about our advocacy to Raise the age of criminal responsibility to 14.
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