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19    Age of criminal responsibility

Senator Siewert, also on behalf of Senator Dodson, pursuant to notice of motion not objected to as a formal motion, moved general business notice of motion no. 35—That the Senate—

               (a)       notes that the age of criminal responsibility is currently set at 10 years old around Australia, meaning children as young as 10 are being charged, brought before courts, sentenced and imprisoned;

               (b)       acknowledges that:

                                     (i)       around 600 children below the age of 14 are locked up in youth detention centres each year and many hundreds more in adult prisons, and

                                    (ii)       the majority of these children are First Nations children;

                (c)       recognises that the United Nations Convention on the Rights of the Child recommends that the minimum age of criminal responsibility should be at least 12 years; and

               (d)       calls on state, territory and federal governments across Australia to work together to raise the age of criminal responsibility to 14 years, as a minimum.

Statements by leave : The Assistant Minister for Forestry and Fisheries (Senator Duniam) and Senator Dodson, by leave, made statements relating to the motion.

Question put.

The Senate divided—

AYES, 30

Senators—

Ayres

Faruqi

McAllister

Steele-John

Bilyk

Gallacher

McCarthy

Sterle

Brown

Gallagher

McKim

Urquhart*

Carr

Green

Rice

Walsh

Ciccone

Hanson

Sheldon

Waters

Di Natale

Hanson-Young

Siewert

Watt

Dodson

Keneally

Smith, Marielle

Whish-Wilson

Farrell

Kitching

 

 

 

NOES, 33

Senators—

Abetz

Colbeck

McDonald

Rennick

Antic

Davey

McGrath

Ruston

Askew

Duniam

McKenzie

Ryan

Bernardi

Fierravanti-Wells

McMahon

Scarr

Birmingham

Fifield

O’Sullivan

Seselja

Bragg

Griff

Paterson

Smith, Dean*

Brockman

Hughes

Patrick

Stoker

Canavan

Lambie

Payne

Van

Chandler

 

* Tellers

Question negatived.