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<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="4.0" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML">
  <name>Legislative Council</name>
  <date date="2025-03-06T14:15:00+10:30" />
  <sessionName>Fifty-Fifth Parliament, First Session (55-1)</sessionName>
  <parliamentNum>55</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="8113" />
  <endPage num="8168" />
  <dateModified time="2025-03-20T15:06:38+10:30" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Age of Criminal Responsibility</name>
      <text id="2025030632938bd80e704cf280000136">
        <heading>Age of Criminal Responsibility</heading>
      </text>
      <talker role="member" id="2742" referenceid="1df522b2c3094a7386fc17e1fb16d162" kind="question">
        <name>The Hon. J.M.A. LENSINK</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2025-03-06T03:45:00+10:30">
            <name>Age of Criminal Responsibility</name>
          </question>
        </questions>
        <startTime time="2025-03-06T14:42:24+10:30" />
        <text id="2025030632938bd80e704cf280000137">
          <timeStamp time="2025-03-06T14:42:24+10:30" />
          <by role="member" id="2742" referenceid="1df522b2c3094a7386fc17e1fb16d162">The Hon. J.M.A. LENSINK (14:42):</by>  I seek leave to make a brief explanation before directing a question to the Attorney-General regarding the age of criminal responsibility.</text>
        <text id="2025030632938bd80e704cf280000138">Leave granted.</text>
      </talker>
      <talker role="member" id="2742" referenceid="1df522b2c3094a7386fc17e1fb16d162" kind="question" continued="true">
        <name>The Hon. J.M.A. LENSINK</name>
        <house>Legislative Council</house>
        <text id="2025030632938bd80e704cf280000139">
          <by role="member" id="2742" referenceid="1df522b2c3094a7386fc17e1fb16d162">The Hon. J.M.A. LENSINK:</by>  Yesterday, in response to a question from myself in relation to this matter, the Attorney stated:</text>
        <text id="2025030632938bd80e704cf280000140">
          <inserted>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…</inserted>
        </text>
        <text id="2025030632938bd80e704cf280000141">
          <inserted>We have never said that this is a priority for this government.</inserted>
        </text>
        <text continued="true" id="2025030632938bd80e704cf280000142">I think in a supplementary question I referred to the Attorney-General's Department discussion paper, which is dated January 2024, entitled 'Minimum age of criminal responsibility'. On page 5, I note that the following two sentences appear:</text>
        <text id="2025030632938bd80e704cf280000143">
          <inserted>It is proposed to raise the MACR in South Australia from 10 years to 12 years of age.</inserted>
        </text>
        <text id="2025030632938bd80e704cf280000144">
          <inserted>It is further proposed to commit to a review of the MACR after two years of the age being raised to assess if any changes are warranted.</inserted>
        </text>
        <text continued="true" id="2025030632938bd80e704cf280000145">My questions for the Attorney are:</text>
        <text id="2025030632938bd80e704cf280000146">1.&amp;#x9;How does he reconcile his statements yesterday with what is clearly proposed in his department's discussion paper?</text>
        <text id="2025030632938bd80e704cf280000147">2.&amp;#x9;Can he confirm that the government has actively been considering raising the minimum age of criminal responsibility?</text>
        <text id="2025030632938bd80e704cf280000148">3.&amp;#x9;Has he misled the parliament and will he correct the record?</text>
      </talker>
      <talker role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010" kind="answer">
        <name>The Hon. K.J. MAHER</name>
        <house>Legislative Council</house>
        <portfolios>
          <portfolio id="">
            <name>Minister for Aboriginal Affairs</name>
          </portfolio>
          <portfolio id="">
            <name>Attorney-General</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Industrial Relations and Public Sector</name>
          </portfolio>
          <portfolio id="">
            <name>Special Minister of State</name>
          </portfolio>
        </portfolios>
        <startTime time="2025-03-06T14:44:03+10:30" />
        <text id="2025030632938bd80e704cf280000149">
          <timeStamp time="2025-03-06T14:44:03+10:30" />
          <by role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010">The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (14:44):</by>  I thank the honourable member for her question. I will answer the second part first. The work on the issue of raising the minimum age of criminal responsibility was started under the former government under a national process that South Australia partook in when the Hon. Vickie Chapman was Attorney-General.</text>
        <page num="8121" />
        <text id="2025030632938bd80e704cf280000150">Looking at the issue was something that was commenced by the former government—I acknowledge that they were the ones who started the work on that. A discussion paper was released that put forward for discussion a particular model. It had a model without any commitment to implementing the model, without any statement that it was the policy, and the model proposed that went out for discussion had a number of elements that would have included in that model raising to 12 a whole series of interventions and diversions away from the criminal justice system, but they were proposals for the sake of a discussion paper, not a government policy.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>