Legislative Council: Wednesday, March 05, 2025

Contents

Question Time

Age of Criminal Responsibility

The Hon. J.M.A. LENSINK (14:18): I seek leave to make a brief explanation before directing a question to the Attorney-General regarding youth crime.

Leave granted.

The Hon. J.M.A. LENSINK: Earlier this year, the Malinauskas Labor government was actively exploring a push to lift the age of criminal responsibility from 10 to age 14. It was entitled 'a landmark reform' that the government claimed was essential for justice and rehabilitation. It has now been revealed that the government quietly abandoned the plan. Meanwhile, youth crime continues to surge across South Australia with nearly 25,000 children or teenagers charged over the past five years, some as young as 10. One 14 year old has been charged with more than 130 offences in a single year.

At the same time, the government has spoken extensively about its commitment to engaging with South Australia's First Nations Voice to Parliament on key policy decisions, particularly those impacting Indigenous youth, who are disproportionately represented in the criminal justice system. My questions to the Attorney-General are:

1. When did the government decide that raising the age of criminal responsibility was no longer a priority?

2. Did the government consult with the South Australian Voice to Parliament beforehand?

3. What changes to bail conditions is the Attorney-General considering given the increase in reoffending rates?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (14:20): I thank the honourable member for her question. I can't remember exactly how the honourable member phrased the question—something about it being 'essential to' something. I am not sure where the honourable member is getting those particular words from. I want to be very, very clear here so the honourable member doesn't misunderstand: this government has not had a policy to raise the minimum age of criminal responsibility.

Certainly under the former government and the former Attorney-General, the Hon. Vickie Chapman, the former government started a process with other states looking nationally—all states were involved in the project—at the minimum age of criminal responsibility. Some jurisdictions, particularly Victoria and the ACT, have actively gone down this path. We have never said that this is a priority for this government. Certainly, we are keen to explore any option that has the potential to make the community safer, and we will continue to do that.