Legal experts say the Commonwealth has the constitutional authority to raise the age of criminal responsibility nationwide, as states and territories continue resisting Closing the Gap incarceration targets.
Last year, the Northern Territory’s CLP government lowered the age to 10, saying it was part of its electoral mandate. More recently, the NT argued that Closing the Gap goals cannot come at the expense of community safety, rejecting federal calls to reduce incarceration rates, especially for those on remand.
…
New legal advice received by the Justice and Equity Centre argues the Commonwealth can act under section 51(xxix) of the Constitution — the external affairs power, famously used by the Hawke government in the Franklin River case — to meet international obligations.
Justice and Equity Centre CEO Jonathon Hunyor said they received advice from barristers Kate Eastman AM SC and Emma Dunlop that the “Commonwealth has power to make laws to protect children and hold states and territories accountable”.
“The Commonwealth Government needs to raise the age of criminal responsibility to 14 across all jurisdictions and set minimum standards for the treatment of children in criminal legal systems,” Mr Hunyor said.
“This advice makes clear that the Commonwealth has the power to keep our children safe — it is now up to the Prime Minister and his government to make it happen.”
NATSILS and the Justice and Equity Centre have written to the PM, urging Canberra to set 14 as a national minimum, alongside standards for how states and territories treat children in detention.
JEC wins award for housing and mental ill-health lived experience committee