The raising of the age of criminal responsibility in Victoria to 12 officially came into effect on Tuesday, but Aboriginal and human rights groups continue to say the reform fall short of what is needed to protect vulnerable children.

The Youth Justice Act 2024 now makes it "conclusively presumed that a child who is under 12 years of age cannot commit an offence". While the reform was welcomed as a step in the right direction, advocates stress it does not go far enough, with calls continuing for the age to be raised to at least 14, in line with international standards and expert advice.

The issue has become politically fraught in Victoria. Amid growing concerns over crime rates, Premier Jacinta Allan last year reversed a previous Labor commitment to raise the age to 14 by 2027, a decision that outraged Indigenous, legal and human rights groups. Critics argue the government has prioritised police and media pressure over evidence-based approaches.

Currently, only the ACT has raised the age above 10, moving it to 14 earlier this year. By contrast, the Northern Territory lowered its age of criminal responsibility to 10 last year under the CLP government, sparking national and international criticism.

'Children don't belong in prison'

The Victorian Aboriginal Legal Service (VALS) has been one of the strongest voices calling for reform. CEO Nerita Waight said while the change to 12 acknowledges "children do not belong in prison," the government has failed to deliver the culturally safe, trauma-informed alternatives communities have long been asking for.

"Locking up children does not work. Our children deserve culturally safe, trauma-informed prevention, early intervention and diversionary programs that respond to the underlying causes of offending or risk-taking behaviour, which Aboriginal Community Controlled Organisations (ACCOs) are best placed to provide," Ms Waight said.

"We don't see any announcement of those much-needed services today."

She noted the same day the age increase came into effect, so too did the strengthening of some bail laws, including the "high harm/high degree of probability" bail test and the "two strike/two step" single uplift rule. Ms Waight argues these changes show the state is moving in the wrong direction, saying Victoria is now in a "race to the bottom" on youth justice policy.

"We have made it clear that our most vulnerable people in our community — our children — must be given opportunities to thrive on Country rather than be harmed in prison," she said.

"Aboriginal communities have campaigned to raise the age of criminal responsibility to at least 14 for many years now, alongside thousands of Victorians. We have been strong and clear in our voice and will continue to advocate for the age to be raised to at least 14 in the face of a dangerous prison system that this government is refusing to fix."

The Bail Further Amendment Bill 2025 was also criticised by the Federation of Community Legal Centres Victoria, which noted in August, "it is clear that incarceration and disproportionately severe responses in the criminal legal system do not reduce crime or keep communities safe".

"We all want safe communities, but this is achieved through addressing the causes of criminalisation, not creating more pathways to incarceration," Federation CEO Louisa Gibbs said.

"Governments make good law when they work with and listen to frontline organisations that are part of local communities, such as community legal centres. There is clear evidence that the Victorian Government could have chosen to listen to — in reports, inquiries, testimonies and as told by Aboriginal voices ‚ that incarceration fails to reduce crime in the long run. Investment in social services is needed instead."

Rising crime stats fuel debate over youth justice

The Allan government has introduced a range of measures to address public concern about crime, some of which human rights groups have condemned as punitive.

In March, bail laws were tightened to require courts to treat children accused of serious offences more like adults when deciding bail. Indigenous and legal advocates slammed the reforms as "knee jerk," warning they would disproportionately affect Aboriginal people, drive up deaths in custody, and incarcerate more Indigenous women and children living with poverty, family violence, and mental illness.

"Being placed in custody represents a break in connection to important rehabilitative responses such as links to family and community, culture, education and other pro-social activities," Victorian Children's Commissioner Meena Singh said at the time.

Crime data released last week showed total offences in Victoria rose by 15.7 per cent over 12 months, with police pointing to a small group of repeat offenders. Victoria Police deputy commissioner Bob Hill said 1,128 children were arrested a combined 7,118 times during the reporting period, though there were 147 fewer young offenders overall.

Police Minister Anthony Carbines said remand rates had risen by 26 per cent for adults and 46 per cent for young people, with recidivism among teenagers driving much of the increase.

"There were 149 less child offenders in the reporting period, indicating that repeat offenders are driving the arrest numbers," he said.