To: Queensland Parliament’s Community Support and Services Committee, relevant Ministers and Premier Palaszczuk,
Re: raising the minimum age of criminal responsibility
We are more than twenty health, legal, youth and child developmental organisations and experts who made submissions to the recent inquiry into raising the minimum age of criminal responsibility to 14 in Queensland.
We unanimously advised the Committee to raise the age of criminal responsibility to at least 14 years old. This is consistent with the overwhelming medical evidence, unanimous support from more than 300 written submissions to the inquiry, and the views of the majority of witnesses who provided evidence at the inquiry’s public hearing.
We are deeply concerned that our expertise appears to have been ignored in the Committee recommendations, and that the Committee’s recommendations do not reflect the wealth of evidence put before it.
Specifically we raise concerns with:
- The Committee’s opinion that ‘more work needs to be done’ before Queensland acts to raise the age of criminal responsibility to 14
- The Committee’s failure to recommend the Queensland government adequately fund the services proven to work to keep children and young people out of the criminal legal system; and
- The Committee’s recommendation that the Queensland government delay reform in pursuit of a national consensus (notwithstanding the many inconsistencies that currently exist between state and territory Criminal Codes)
The Committee was provided considerable evidence and expert advice on the reforms needed to support raising the minimum age of criminal responsibility.
A national, uniform approach to raising the age of criminal responsibility to 12 is neither desirable nor possible, given the ACT is currently acting on its commitment to raise the age to 14. As pointed out by expert witnesses at the public hearing, a lack of national consensus around addressing an injustice is not a valid reason for a jurisdiction not to act on that injustice.
There is medical and legal consensus that no child under the age of 14 years old should be exposed to the criminal legal system.
The Committee was provided with evidence that criminalising children increases their likelihood of future interaction with the criminal legal system, disrupts their education, compounds and worsens social and economic exclusion and disadvantage, traumatises children, families and communities and increases the risk of mental illness, poor health and ultimately premature death. These risks and harms are particularly acute for children and young people on the Autism spectrum, children with cognitive disabilities such as Fetal Alcohol Spectrum Disorders (FASD) and other developmental delays, and those who have already experienced complex trauma in their early years.
We urge the Queensland government and Committee members to reconsider their position and listen to the evidence put before it.
We call on the Queensland Government to commit to funding the services needed to support children and families to thrive, and to raise the age of criminal responsibility to at least 14 years old.
Yours Sincerely,
Cheryl Axleby, Co-Chair Change the Record
Aimee McVeigh, Chief Executive Officer, Queensland Council of Social Service (QCOSS)
Paul Wright, National Director ANTaR
Siyavash Doostkhah, Director, Youth Affairs Network of Queensland
Lindsay Wegener, Executive Director, PeakCare Queensland
Bianca Manning, Aboriginal and Torres Strait Islander Justice Coordinator, Common Grace
Maggie Munn, Indigenous Rights Campaigner, Amnesty International Australia
Matthew Keeley, Director, Youth Law Australia
Katie Acheson, Chief Executive Officer, Youth Advocacy Centre
Cybele Koning, CEO, Caxton Legal Centre Inc
Sarah Grace, Qld Branch President, Australian Lawyers Alliance
Nick Espie, Legal Director, Human Rights Legal Centre
George Newhouse, Chief Executive Officer, National Justice Project
Adjunct Professor Terry Slevin, CEO Public Health Association Australia
Luke Hutchins, Policy and Research Director, Foundation for Alcohol Research and Education (FARE)
Jacqui Reed, Chief Executive Officer, CREATE Foundation
Dr Joseph J. McDowall, Executive Director (Research), CREATE Foundation
Carol Ronken, Director of Research, Bravehearts Foundation
Matt Gardiner, Executive Director - Australian Services, Save the Children
Annemaree Callander, CEO, Brisbane Youth Service
Morrie O’Connor, Coordinator, Community Living Association Inc.
Rachel Reilly, Social Policy and Advocacy Manager, Australian Association of Social Workers
Cathy Pereira, Principal Solicitor, Aboriginal and Torres Strait Islander Women’s Legal Services NQ Inc.
Margie Kennedy, Program Manager COOEE Indigenous Family and Community Education Centre
Prof Boni Robertson, CO Chair, COOEE Indigenous Family and Community Education Centre,
Barry Malezer, Chair, COOEE Indigenous Family and Community Education Centre
Daniel Wordsworth, CEO, World Vision Australia
Paul Hateley (Major), Head of Government Relations, The Salvation Army Australia Territory