In New South Wales (NSW), there has been no planning regarding the release of young children from incarceration. Calls for the state to follow other jurisdictions in raising the age of criminal responsibility have been stymied due to this lack of action. Despite national pressure, NSW has not taken steps to stop incarcerating children below the age of 14. The Australian Capital Territory (ACT) and Northern Territory (NT) recently raised the age of criminal responsibility from 10 to 12, and Victoria is set to adopt a similar change by December 2024.
NSW remains in a wait-and-see phase, citing concerns about lacking alternate services if children aged 10 to 13 can no longer be incarcerated. Attorney-General Michael Daley mentioned that no work has been done on this matter, and that raising the age of criminal responsibility cannot be done without a plan to deal with the changes.
As of November 10, NSW was holding nine children under 14 in custody, with four being Indigenous. The numbers were subject to fluctuation due to the short remand periods of many cases, as the total number of young minors in custody had fallen to as low as four on October 29.
Mr. Daley is scheduled to meet with Raise The Age campaigners on November 15, ahead of a meeting of state and federal attorneys-general on December 1 that will address the issue. While he acknowledged that there are better ways to deal with some young offenders than incarceration, he stressed that the problem lies in the lack of comprehensive supports available across the state.
In comparison, the ACT has already raised the age of criminal responsibility to 12 and plans to raise it to 14 in July 2025. Victoria has committed to lifting the minimum age of criminal responsibility from 10 to 12 years by the end of next year, with plans to raise it to 14 by 2027 with some exceptions. The Northern Territory has already raised the age to 12, and Tasmania has pledged to raise the minimum age of criminal detention to 14. The United Nations recommends 14 as the minimum age of criminal responsibility.