Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

At the request of Senator Thorpe, I move her amendment on sheet 2763:

(1) Schedule 1, item 5, page 5 (after line 12), after subsection 474.17A(3), insert:

(3A) Subsection (1) does not apply if the first person is not 14 years of age or older.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3).

This amendment is in line with the Greens' long-held position of raising the age of criminal responsibility to 14. I note that Greens in state parliaments right around the country have been pushing for this change, as have many organisations. In my home state of Queensland, politicians are sending children of primary school age to be locked away in prison, and, despite the efforts of our Greens MPs in Queensland to stop this, last year we saw the Queensland government suspend the Human Rights Act so that children could be held in adult police watch houses—children as young as 10 years old. The purpose of the Queensland Human Rights Act is to protect children from harm, yet it was suspended.

Leaving aside that blatant disregard for democracy and human rights, both adult and children's prisons have repeatedly been shown to be unsafe for young people. They increase the likelihood of reoffending, and they impose torture-like conditions. First Nations children are especially targeted and are grossly overrepresented in child prisons. Closing child prisons is a key measure towards closing the gap. That's why the Greens are moving this amendment on sheet 2763, and we urge everyone in the chamber to support this amendment. I note that the federal government should in fact use its power to incentivise all state jurisdictions to raise the age of criminal responsibility for both this and all other offences, because kids don't belong in prison.