Age of criminal responsibility in Australia


The age of criminal responsibility in Australia is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence of infancy. All states and self-governing territories of Australia have adopted 10 years of age as a uniform age of criminal responsibility.
Doli incapax refers to a presumption that a child is "incapable of crime" under legislation or common law. Or rather, the presumption that a child cannot form mens rea as they do not yet have a sufficient understanding of the difference between "right" and "wrong". In the context of Australian law, doli incapax acts as a rebuttable presumption for children aged at least 10 but less than 14.
To rebut this presumption, the prosecution must prove beyond reasonable doubt that the child knew that the act was seriously wrong “as distinct from an act of mere naughtiness or childish mischief”.

Calls to raise minimum age

In 2018, legal and medical experts called for the age to be raised to 14. In response, the state and commonwealth Attorneys General decided to investigate the matter. According to Australian Medical Association President Dr Tony Bartone, raising the minimum age of criminal responsibility will prevent the unnecessary criminalisation of vulnerable children. In an Australian Medical Association media release, Dr Bartone said:

By jurisdiction

JurisdictionCannot be charged with a criminal offenceDoli incapax
acts as a rebuttable presumption		Age in adult courtReference
CommonwealthUnder 1010 to under 1418 ;
Australian Capital TerritoryUnder 1010 to under 1418 ;
New South WalesUnder 1010 to under 1418; Common law: doli incapax;
Northern TerritoryUnder 1010 to under 1418Criminal Code Act, s38, s38;
QueenslandUnder 1010 to under 1418; ;
South AustraliaUnder 1010 to under 1418; Common law doli incapax; ;
TasmaniaUnder 1010 to under 1418;
;
VictoriaUnder 1010 to under 1418
Western AustraliaUnder 1010 to under 1418;
;