Age of Criminal Responsibility

In reply to Ms BEDFORD (Florey) (25 November 2020). (Estimates Committee A)

The Hon. S.S. MARSHALL (Dunstan—Premier): I have been advised:

Currently, children aged between 10 and 14 are presumed incapable of forming the requisite mental intent to commit a crime. However, in certain circumstances, the prosecution may choose to rebut this presumption by proving that the defendant was capable of understanding that their actions were seriously wrong in the criminal sense. Raising the minimum age of criminal responsibility to 14 years old would mean that the presumption is no longer rebuttable.

Before any decision can be made about raising the age of criminal responsibility, consideration must be given to the processes and services for those children who fall within this age group and exhibit offending behaviour. Unfortunately, vulnerable young people are often only connected with support services through the youth justice system. Without a comprehensive plan in place, there is a significant risk that by simply increasing the minimum age of criminal responsibility, it would leave this cohort of children without support services.

The Attorney-General's view is that there needs to be a uniform position nationwide in relation to this issue, and she looks forward to discussing it further with her federal and state counterparts in 2021.

The South Australian government is already committed to reducing the number of juveniles in the justice system. In July 2020, the government launched the Youth Justice State Plan 2020-23. It contains a range of measures that the government is undertaking to reduce youth offending and the over-representation of Aboriginal children and young people in the justice system. The plan can be accessed online at: https://dhs.sa.gov.au/services/youth-justice/youth-justice-state-plan.

The Attorney-General's Department provides funding to Operation Flinders, a program aimed at providing at risk youths with a circuit-breaker to pre-offending behaviours. Through this program, young people are taken on a wilderness experience covering more than 100 kilometres over eight days. Participants are exposed to a range of physical activities, first aid training and navigation skills, as well as giving them an understanding of Aboriginal culture. Operation Flinders staff use trauma informed care to relate to participants who come from vulnerable backgrounds.

The Department of Human Services is responsible for the Metropolitan Aboriginal Youth and Family Services, known as MAYFS, which is a dedicated Aboriginal service with a focus on diverting young people away from the justice system and toward improved life outcomes. MAYFS provides a restorative and family inclusive service with a strong focus on strengthening Aboriginal young people's connection to family, community, and culture. In addition, the department funds several community-based programs targeted at supporting at-risk young people to build their capacity through improving participation in education, employment, and training in Metropolitan and regional South Australia.

The Department of Human Services also provides in kind and grant funding to the Australian Red Cross and Justice Reinvestment SA to deliver a justice reinvestment initiative in Port Adelaide through an Aboriginal community group called Tiraapendi Wodli. Details of this initiative can be accessed online at:

https://www.justicereinvestmentsa.org/projectssa.