Victorian Attorney-General Jaclyn Symes has confirmed the state is set to raise its age of criminal responsibility by two years, with the possibility of a second raise within the next four years.
The policy will raise the age of criminal responsibility in Victoria from 10 years to 12, with another increase to 14 set to be reviewed by no later than 2027.
The plan was approved by Victorian cabinet ministers ahead of the federal, state and territory attorneys-general meeting, to be held in Darwin on Friday.
"We want to make sure that no young person falls through the cracks," Attorney-General Jaclyn Symes told reporters on Wednesday.
"We want to make sure that the system is in place to coincide with raising the age to 14."
In a statement, Ms Symes said medical evidence indicates very young children are at a critical stage of cognitive development and may be incapable of understanding their behaviour is seriously wrong, therefore unable to form criminal intent as defined by law.
"When very young children engage in harmful behaviour, we know that something has gone terribly wrong in their life. We ned to respond effectively and compassionately whilst still making sure they're accountable for their actions," Ms Symes said.
"This important reform is a careful and considered first step towards making sure fewer children are entering the criminal justice system and ensuring the safety of all Victorians."
Even though the The United Nations, child welfare groups, medical experts, human rights lawyers and Indigenous advocates say the minimum benchmark for criminal responsibility should be no lower than 14, children as young as 10 can currently be arrested, remanded and jailed in juvenile detention in Victoria if found guilty of committing a crime.
The policy change falls short of calls from The Royal Australasian College of Physicians president Jacqueline Small, who on Friday urged Ms Symes to consider expert advice and raise the minimum age to 14 with no exceptions.
"Children under 14 years may not have the level of maturity and cognitive function to be considered criminally responsible," Dr Small wrote.
"Raising the age of criminal responsibility to 14 years is critical to protecting the health and wellbeing of children and young people at risk of incarceration, especially Aboriginal and Torres Strait Islander children and children with developmental disabilities."
First Peoples' Assembly co-chair Aunty Geraldine Atkinson was disappointed in the delay in raising the minimum age to 14.
"We know too well the damage that is inflicted when our children are removed from community," the Bangerang and Wiradjuri elder said.
Liberty Victoria also dismissed the government's policy, saying it was a "weak decision from a (government) still paranoid about being wedged on law and order instead of committing to evidence-based reform".
The Northern Territory government has committed to raising the age of criminal responsibility to 12 in the second half of 2023, with the Australian Capital Territory government planning to lift it to 14 by 2026.
The Tasmanian government has indicated its intention to raise the minimum age of detention to 14 but keep the age of criminal responsibility at 10.
