In Australia, the minimum age of criminal responsibility is generally 10 years old in most states and territories, but the ACT is raising it to 14 by mid-2025, and the Northern Territory raised its age to 12 in late 2022, with plans to review it for 14; Victoria is also increasing its age to 12, with plans for 14 by 2027. Between 10 and 14, the doctrine of doli incapax applies, meaning the prosecution must prove the child understood their actions were seriously wrong.
On 22 November 2023, the minimum age of criminal responsibility was raised to 12 years, and on 1 July 2025, the minimum age of criminal responsibility will be further raised to 14 years, with a small number of exceptions for very serious and harmful offences.
Raising the age of criminal responsibility to at least 14 years of age should be an immediate priority for the federal, state and territory governments. But it's not enough on its own. Right now there are hundreds of alternatives to prison across Australia that are already in place, and working.
Age of criminal responsibility
In Australia, children under the age of 10 years cannot be charged with a criminal offence. If they are between 10 and 14 years old, the prosecution has to show that they knew what they were doing was seriously wrong for a case to continue.
There is no minimum age for criminal responsibility. Children below age 14 can only face incarceration if they are proven to have enough discernment between right and wrong. Incarceration starting at age 14. Other measures applied for ages 12–13.
In Queensland, s 280 of the Criminal Code provides that it is lawful for a parent to use, by way of correction, discipline, management or control towards their child, such force as is reasonable under the circumstances. This defence and some case law regarding its use are considered in section 3.
You are criminally responsible at age 10. This means that if you commit an offence from this age, you can be charged and, depending on the seriousness, you can get a sentence of detention. Juvenile detention in Western Australia is served at Banksia Hill Detention Centre in Canning Vale.
A "juvenile" is a person who has not attained his eighteenth birthday, and "juvenile delinquency" is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult.
Laws banning sales to minors—Australia
It is illegal to sell tobacco products to children under the age of 18 years in all states and territories of Australia. Laws restricting retailers from selling cigarettes to children were the earliest tobacco control policies to be introduced in Australia—refer Table 5.11.
Age of criminal responsibility. The age of criminal responsibility in England, Wales and Northern Ireland is 10-years-old (Crime and Disorder Act 1998, Criminal Justice (Northern Ireland) Order 1998). The age of criminal responsibility in Scotland is 12-years-old (Age of Criminal Responsibility (Scotland) Act 2019).
The most significant new law in Australia in late 2025 is the Social Media Minimum Age Act, effective December 10, 2025, requiring age-restricted platforms to block accounts for under-16s, supported by other key changes like enhanced hate crime laws (passed Feb 2025), new Digital Assets Framework (2025 Bill), strengthened family law regarding financial abuse and pets (June 2025), and new child safety rules for early education (Dec 2025).
As your child grows up and becomes more independent, you might be wondering how old they need to be before they can do certain things. In Australia, you're considered to be an adult when you turn 18 years old. But for certain things, the legal age can be younger.
Boys aged 18 – 20 may be sent to a YOI (or an adult prison). Young adult males will be moved to an adult prison when they turn 21. Girls aged 18 and over will be sent to an adult prison.
Rather, it stipulates the procedures to be followed in dealing with adolescent criminality. It applies to all "young persons" between 12 and 18 years of age. In contrast, the JDA could be invoked against any child over 7 years of age, and, depending on the province, either under 16 or under 18.
The common law presumes that a child between the age of 10 and 14 years does not possess the necessary knowledge to have criminal intention, that is, the child is incapable of committing a crime due to a lack of understanding of the difference between right and wrong. This is the common law presumption of doli incapax.
The 20-40 age group is broadly called Young Adults, encompassing the "20-somethings" (vicenarians) and "30-somethings" (tricenarians), often aligning with the Millennial generation, though specific labels vary by context (e.g., social science, marketing, or demographic research).
Youth who are accused of committing crimes fall into three categories: Juvenile Delinquent, Juvenile Offender, and Adolescent Offender. A Juvenile Delinquent is a child over 12, but under 18 years of age, who commits an act that would be a crime if it had been committed by an adult.
"Minor" means an individual under the age of 18.
Vegemite is banned in some Australian prisons, particularly Victoria's, because inmates used its yeast to brew alcohol and smear it on drugs to confuse narcotics dogs, despite the yeast being inactive. While prisoners argue it's a cultural right and essential for wellbeing, officials cite security concerns over potential homebrew and drug interference, leading to bans under "Contraband" policies, notes The New York Times.
This means that although the minimum age of criminal responsibility is 14 years, legislated exceptions mean children aged 12 and 13 years can be charged with several serious offences.
The biggest mistake in a custody battle is losing sight of the child's best interests by prioritizing parental conflict, anger, or revenge, which courts view very negatively. This often manifests as bad-mouthing the other parent, alienating the child, refusing to cooperate, or involving the child in disputes, all of which signal poor co-parenting and harm the case.
Parents who were physically punished as children are twice as likely to do the same to their own children. While eight in ten Brits say they were punished, only some 62% of parents have physically punished their children, versus 34% who have never done so.
The four R's of child protection are key steps for safeguarding children: Recognise signs of abuse, Respond appropriately to concerns, Record observations accurately, and Refer to the correct services, ensuring a systematic approach to child safety. Some models also include a fifth 'R', Role, emphasizing everyone's responsibility, or focus on Resilience, Rights, and Respectful Relationships as educational principles.
Discipline needs to start as soon as a child is pulling up and crawling. Infants rely on their parents to provide a safe environment. Discipline should be adjusted by the age of your child. And it should teach age-appropriate behaviors.