With the ACT becoming the first Australian jurisdiction to raise the minimum age of criminal responsibility to 14 on Tuesday, Indigenous legal groups say it stands in stark contrast to regressive policies elsewhere across the country.

The reform, which includes carve-outs for 12- and 13-year-olds who commit serious and intentionally violent offences, brings the ACT closer to aligning with international human rights standards and long-standing recommendations from medical and legal experts.

Advocates say the change reflects modern understandings of child development and puts care before punishment.

Change the Record chief executive Jade Lane called the ACT's decision a "crucial step toward choosing care over cruelty," noting that every child "deserves to grow with connection — not be locked up in prison cells".

"The ACT has shown there is a better way that respects the human rights of children, while many governments continue to double down on harmful, punitive and discriminatory 'youth justice' policies in heartbreaking trends across the country," she said.

"Aboriginal and Torres Strait Islander communities have long called for genuine action to stop the over-incarceration of our children. This change responds to those calls, it's time for all jurisdictions to follow suit and the federal government to act if they fail to."

In a report prepared by the Standing Council of Attorneys-General in 2020 – with input from justice departments across the Australia – it was recommended "Commonwealth, State and Territory governments should raise the minimum age of criminal responsibility to 14 years of age, without exception".

Although all Australian governments signed the 2020 Closing the Gap agreement — which includes a target to reduce Indigenous youth detention by 30 per cent by 2031 — a number of jurisdictions have since passed laws that critics say directly undermine this commitment.

In the Northern Territory, the CLP government drew widespread criticism when it lowered the age of criminal responsibility to 10, defying strong opposition from Indigenous, legal, medical and human rights organisations.

In Victoria, although the government raised the age to 12 last year, it abandoned its pledge to increase it to 14 by 2027. Months later, it introduced new "tough" bail laws that drew condemnation from Indigenous legal bodies.

In Queensland, the government passed "adult crime, adult time" legislation, which permits children as young as ten to face life imprisonment — despite conceding that the laws breach international human rights conventions.

"Aboriginal and Torres Strait Islander children are being removed from their communities and denied their right to cultural connection through so-called youth justice policies at an alarming rate," Ms Lane said.

Maggie Munn, the First Nations Director at the Human Rights Law Centre, said the ACT's reforms "buck the disturbing trend of governments across the country passing discriminatory and punitive 'youth justice' policies that violate the human rights of First Nations children across Australia".

Stressing that children "deserve to thrive, not be caged in police watch houses and prison cells," Munn said governments have long ignored repeated calls from communities to reduce the number of Aboriginal and Torres Strait Islander children in custody.

"We call on every state and territory government to do the right thing for kids and communities, and raise the age of criminal responsibility to at least 14, with no exceptions," they said.

Despite the progress in the ACT, recent Closing the Gap data confirms First Nations children remain significantly over-represented in its justice system — mirroring a national trend.

Last week, members of the Australian and New Zealand Children's Commissioners, Guardians and Advocates First Nations Caucus called on governments to "finally listen, act, and uphold the rights of the children and young people they are obligated to protect".

Ms Lane said the ACT's move signals it is "well overdue time to invest" in First Nations children and break cycles of incarceration.

"We urge all states and territories to do the right thing and raise the age of criminal responsibility to 14 without exception," she said.

"Raising the age is an important step toward preventing and putting an end to a continuation of stolen generations in the present."