Research Paper for Legal Aid New South Wales: Raising the Minimum Age of Criminal Responsibility and alternatives to prosecuting young children

Abstract

This research report examines the minimum age of criminal responsibility in Australia, particularly in New South Wales (NSW), where it stands at 10 years—among the lowest in OECD countries. By analyzing progressive juvenile justice models from countries such as Portugal, Spain, and Nordic nations, the paper proposes reforms aimed at enhancing the rehabilitative framework for young offenders in NSW. Emphasizing alignment with the United Nations Convention on the Rights of the Child, the report advocates for raising the minimum age of criminal responsibility to 14 and adopting a welfare-oriented approach for offenders aged 13 and under. It highlights the importance of early intervention, cultural sensitivity, and educational support, drawing on successful initiatives like the Youth Koori Court to address Indigenous youth overrepresentation. The proposed reforms seek to create a more holistic juvenile justice system that prioritizes rehabilitation, community support, and compliance with international standards, ultimately fostering better outcomes for young individuals and society at large.