Thursday, 20 June 2024

Age of criminal responsibility

Katherine COPSEY (Southern Metropolitan) (12:13): (576) My question is also to the Minister for Youth Justice. Minister, recently the Premier joined the Prime Minister in calling for national laws raising the age of when children can have social media accounts from 13 to 16. Before you refer me to your federal colleagues, my question today is about the age of criminal responsibility. We have had a number of questions and discussions in the past year, and the government has just introduced its bill raising the age of criminal responsibility to 12. On what evidence is the government basing these positions, that a 13-year-old child is too young for Facebook but old enough to go to jail?

The PRESIDENT: The minister can answer as he sees fit.

Enver ERDOGAN (Northern Metropolitan – Minister for Corrections, Minister for Youth Justice, Minister for Victim Support) (12:14): I thank Ms Copsey for her question and her interest in this matter. We have had many discussions with Ms Copsey on our youth justice system over the last 18 months when we have both been in a chamber together, and I thank her for her continued advocacy on these issues. Although we do not always agree, I am always happy to have the discussion; I think it is an important topic. The announcements we made on Tuesday were about raising the age of criminal responsibility from 10 to 12. We have learned a lot more about adolescent development over the years, and we understand that a lot of 10- and 11-year-olds do not understand the consequences of their actions. Nonetheless as a government we are committed to keeping the community safe, and that is why we have decided to go from 10 to 12 as a sensible first stage of these reforms. It is about striking the right balance between short-term and long-term safety.

I am proud that we have the lowest rates of young people in custody and we have one of the highest rates of supervision orders being completed by young people. As a government we will continue to make those investments and listen to the experts. I look forward to the introduction of the legislation and the debate in this place so that we can make sure that the system is safer for everyone in the long term.

The PRESIDENT: Before I call the supplementary, Ms Copsey did not interject for one second during the answer to her question. I think we should respect the person who asks the question and wants to hear the answer.

Katherine COPSEY (Southern Metropolitan) (12:16): Thank you, President. It has been a long sitting period, and it has felt like a long week as well. I thank the minister for his answer. I note that the government’s Youth Justice Bill will allow police to use ‘limited force’ on 10- and 11-year-old children, such as taking a child by the arm and supporting them into a vehicle, and it will allow police to transport children under 12 to someone else who can take care of them. Minister, where will these children be taken, and how long can a child under 12 be effectively held by police in these places?

Enver ERDOGAN (Northern Metropolitan – Minister for Corrections, Minister for Youth Justice, Minister for Victim Support) (12:16): I thank Ms Copsey for her supplementary question. As I stated in my substantive, I think we will be able to have a broader discussion on these topics, as the bill has just been introduced in the other place. If it passes and we get an opportunity here, I look forward to that debate. In relation to specific sections of the bill, I think it is very easy to nitpick at just one section, but if you look at the bill holistically – like I said, community safety is at its heart but also appropriate welfare of the child. In terms of police and those powers, I am sure we will get a chance to discuss that in the committee-of-the-whole stage.