MacKillop Family Services (MacKillop) is very disappointed with the Victorian Government’s decision to abandon its commitment to raise the age of criminal responsibility to 14.
The decision flies in the face of evidence that indicates children under 14 do not have the developmental capacity to understand the consequences of their actions sufficiently to be criminally responsible, and is at odds with contemporary Human Rights standards.
MacKillop CEO Dr Robyn Miller says criminalisation is not a way to establish accountability for behaviour with children.
“Criminalising children risks setting them on a pathway that ends in the adult justice system, rather than supporting them to overcome the trauma that is often at the heart of their behaviour,” she says.
“At MacKillop all our work is informed by a deep understanding of trauma. When children and young people end up in youth justice, they usually have a background of abuse and neglect. We know from our own experience over decades –and also from research – that locking them up doesn’t help. With children under the age of 14 it too often pushes them more deeply onto an antisocial path.”
“Our work has demonstrated that the best outcomes for children and for community safety are achieved when the focus is on prevention and healing, rather than punishment or placing them with older youth who can teach them more about crime. This requires them having access to appropriate supports and education.”
“Our job is to help them learn right from wrong and understand social responsibility, by supporting them to establish appropriate boundaries and using techniques such as intensive family work, cultural mentoring and restorative justice approaches.”
MacKillop is particularly concerned about the disproportionate impact this decision will have on First Nations communities, whose children are significantly over-represented in the youth justice system.
“We listened deeply to the stories that were told to the Yoorrook Justice Commission in its hearings on child protection and criminal justice reform last year, which led to Yoorrook recommending that the Victorian government raise the age of criminal responsibility to 14 without exceptions,” says Dr Miller.
“It is very important that we learn from these stories and heed the advice of Yoorrook to help close the gap in health and wellbeing outcomes for First Nations children and support the development of thriving communities.”
“With all Victorians, we share the desire for a safe and cohesive community. This decision is a step away from that goal. Our hope is that despite changing its position, the government will redouble its efforts to support measures that redirect children away from the justice system.”
“Now is the time for considered and evidence-based responses, rather than a simplistic and ineffectual ‘tough on youth crime’, fear-based approach.”
