I was unable to conclude my speech on the Green’s Motion regarding the age of criminal responsibility, which is why the video was cut short. You can read the rest of the speech below. I hope my speech sheds some light on the complexities surrounding this issue.
I spoke against Greens’ Senator Shoebridge endorsing the Australian Capital Territory’s increase in the age of criminal responsibility from 10 to 12 years of age and then in 2025 to the age of 14. It’s perplexing to see the Greens suggesting that a child under the age of 14 is not mature enough to be held accountable for their actions.
Caring for and loving children must encompass instilling in them a senses of responsibility. Failing to hold children accountable for their actions and the consequences does them a disservice.
The Australian Capital Territory is not alone in taking action to increase the age of criminal responsibility. The Northern Territory and Tasmania took similar steps.
For the Greens, age is a problematic concept. In ‘Greens Land’, a child of 13 is deemed incapable of legal responsible for their actions, yet is expected to be mature enough to make significant life decisions regarding gender identity and sexual activity. This disparity underscores a problematic viewpoint which encourages children to engage in activities deemed “mature” by Greens’ standards, yet are shielded from the responsibility that accompanies their actions should they break the law.
Transcript
As a servant to the many different people who make up our one Queensland community, I speak against Senator Shoebridge’s motion endorsing the ACT’s recent increase in the age of criminal responsibility from 10 years of age to 12 and then, in 2025, to 14. Care for children starts with love, and part of love is responsibility. It is not being kind to children to not be responsible. The Australian Capital Territory is not the only jurisdiction taking this action. The Northern Territory recently increased the age of criminal responsibility to 12. Tasmania increased the minimum age for detention to 14. For the Greens, age is a problematic concept. They just don’t seem to understand that care involves responsibility. In a ‘Greens land’, a child of 13 cannot be held legally responsible for their actions. Yet a child that age can choose their gender, change their gender and read instruction manuals in adult sexual practices years before they are legally old enough to engage in that activity. Indeed, in ‘Greens land’, a child of any age can do those things. A 10-year-old can. An eight-year-old can.
It’s perplexing to see the Greens suggesting a child under the age of 14 is not mature enough to be held accountable for their actions. This issue comes down to a simple legal principle: do they know the distinction between right and wrong, and can apply that distinction to their own actions? As long as there is no factor other than age that impacts on their capacity, they are criminally liable. Those factors could include autism, fetal alcohol syndrome or drugs. There’s merit in the idea that a child of that age is better diverted than convicted. I’ll say that again: there is merit in the idea that a child of that age is better diverted than convicted. I agree that diversion programs should be the first option for any child coming to the attention of the police or the courts. I have issue with children being held accountable for the sins of the parents, and so many of the children that come to the attention of law enforcement at this age are there because their parents have failed. There must be a point, though, where the person is responsible for their own actions. A young person can use a bad start as an excuse for the rest of their lives, or they can use a bad start as motivation to succeed. I’ll say that again: a young person can use a bad start as an excuse for the rest of their lives, or they can use a bad start as motivation to succeed. This legislation allows the excuses. One Nation supports helping a child succeed. Karly Warner, the CEO of the Aboriginal Legal Centre (NSW/ACT), made the following comment on the legislation:
“In the extremely rare instances when a child does something seriously wrong, it’s because they’ve been let down and need our help. By failing to raise the age to 14, the Australian Government is failing Aboriginal children, who are over-represented at every stage of the system, from police to court to prison. The ACT imprisons Aboriginal children at 12 times the rate of non-Indigenous children.
It’s Aboriginal kids …
[Debate interrupted]
