Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

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.

Aboriginal kids 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.