Eliza Johnson, Common Grace’s Policy Coordinator, reflects on this historic decision by the ACT Government to raise the age of criminal responsibility to 14 as a welcome step forward and a glimmer of hope.
I’m writing this from my usual desk at our local library. Most afternoons that I am here follow a familiar rhythm.
The after-school trickle begins, kids dropping their bags by the door, whispering too loudly in corners then laughing in bursts that break the silence. A young boy will loudly ask if anyone would like to trade Pokémon cards and the library will soon start smelling like choccy milk and chips.
It’s chaotic, it’s tender, and it’s distinctly childhood. As a parent of young kids myself, the space feels like home. An ordinary moment of kids doing what kids are meant to do - exploring, connecting, slowly figuring out who they are in the world.
Being surrounded by this unfiltered moment of childhood makes the harsh reality of 10-year-olds being subjected to the justice system in Australia feel especially raw.
But it also brings into sharp focus just how significant it is that, as of today, the Minimum Age of Criminal Responsibility in the Australian Capital Territory (ACT) has been raised to 14.
Australia has long lagged behind global standards when it comes to the age of criminal responsibility - that is, the age at which a child is considered by law to be capable of committing a criminal offence and being held legally responsible for their actions. In most jurisdictions in Australia, this age is just 10 years old.
That means a child in Year 3, still losing their baby teeth, and still 6 years away from being legally allowed to own a social media account, can be arrested, charged, and imprisoned.
This isn’t just out of step with international human rights standards or UN recommendations, it also contradicts overwhelming medical and neurological evidence. A child’s brain is still forming; they lack the cognitive maturity to fully grasp consequences or meaningfully navigate a justice system designed for adults.
The data is also really clear: criminalising children doesn’t reduce crime, make communities safer, or stop kids from reoffending. In fact, it does the opposite, pushing them further into the justice system, inflicting deep and lasting wounds and perpetuating cycles of trauma and injustice. Over 84% of children released from detention return to some form of supervision within just 12 months.
The system doesn’t heal, it harms. And it harms some more than others.
An Aboriginal or Torres Strait Islander child in Australia is 27 times more likely to be incarcerated than a non-Indigenous child.
27 times.
This statistic alone should stir our national conscience.
Proportionally, First Nations children in Australia are the most incarcerated children on earth. This is not because they are inherently more criminal than non-indigenous children, but because systems have failed them - again and again.
As Cameron Balcombe, a proud Olkola and Djabugay man and good friend of Common Grace, says:
“Mob has carried this heartbreak for decades. We’ve called for urgent action to protect the littlest members of our community, but the gap continues to get bigger.”
These are not children without potential. They are precious image-bearers of God who need to be surrounded by culture, community and compassion.
In 2023, the ACT made history by passing legislation to raise the age of criminal responsibility - first to 12, with a staged plan to reach 14. And today, that law becomes effective. While it doesn’t fully reflect what we have been campaigning for through #raisetheage (it still includes exceptions for serious crimes that could see some 12 and 13-year-olds incarcerated), today marks a significant and meaningful step forward.
It means that instead of being funnelled into punitive systems, children under 14 will be referred into support services. It means these children will experience responses that focus on healing and accountability. It means offending behaviour will be understood within the contexts of trauma and disadvantage, and that the pathway forward must therefore involve care.
It is important to note that this reform doesn’t deny the pain that crime can cause, especially for those directly affected. Victims of crime deserve justice, safety, and healing. We fully affirm that. But locking away children who don’t yet fully understand the consequences of their actions rarely delivers that. Raising the age allows us to respond with greater honesty, accountability, and long-term effectiveness.
The ACT Government has demonstrated principled leadership. While every other state and territory has stalled (and in the case of the Northern Territory and Victoria, taken backwards steps) on action to raise the minimum age of criminal responsibility, the ACT has shown what’s possible when compassion is prioritised and political will is put in action.
With the lowest number of children in detention nationally, this reform alone won’t dramatically shift Australia’s overall incarceration rates or the overrepresentation of First Nations children in our justice system. But that doesn’t make it any less meaningful. For the children it does protect, it could change the course of their lives. And for the rest of the country, it offers a clear example of what is not only possible, but urgently needed.
It is not often that we have cause for celebration in Australia’s youth justice system. But today, hope has found a foothold in one little pocket of our nation.
It is our great prayer at Common Grace that other State, Territory and Commonwealth leaders will follow suit. That they will finally heed the overwhelming medical, legal and criminological evidence that supports raising the age. And that they will find the moral courage to protect, not punish.
As people of faith, Cameron reminds us:
“Locking children up at ten years old goes against the values of compassion, mercy, love and justice. It’s hard to imagine God being pleased with a society that criminalises children instead of caring for them.”
There is still so much work to be done. And we will do it together.
Find out more about how Common Grace is calling together to Raise the Age here.
Eliza Johnson is the policy coordinator for Common Grace. Eliza has more than a decade of experience working in advocacy across a range of international development and human rights organisations. Eliza has expertise in advocacy and campaigning, research and policy, and a particular passion for making policy and political systems accessible and meaningful for everyone. She is also passionate about helping people join the dots between their love for Jesus and the call towards justice. Eliza has degrees in law and politics and a Master’s in Human Rights Law and Policy. She lives on beautiful Wangal Country with her husband and young family.
Eliza Johnson, Common Grace’s Policy Coordinator, reflects on this historic decision by the ACT Government to raise the age of criminal responsibility to 14 as a welcome step forward and a glimmer of hope.
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