Children in Australia may be charged with a criminal offence if they are aged 10 or over (in all jurisdictions except the the Australian Capital Territory (ACT)). Separate justice systems operate for young people and adults, each with specific legislation. The upper age limit in the youth justice system is 17 (at the time of the offence) in most states and territories. Those aged 18 or over are dealt with under the adult justice system.
Incarceration Data:
In 2022–23, police proceeded against 185 per 10,000 young people aged 10–17, which is the primary group in the youth justice system. On an average day in 2022–23, 11 per 10,000 young people aged 10–17 were under community-based youth justice supervision, and 2.7 per 10,000 were in youth justice detention.
On an average day in Australia (2022-2023) 828.1 children were in detention.
On an average day in 2022–23, almost two-thirds (63%) of young people aged 10–17 in detention were First Nations people.
Between 2018–19 and 2022–23, the total number of young people aged 10 and over who were under supervision during the year fell by 16% (from 10,841 to 9,157). The average total time young people spent under supervision during the year declined over the 5‑year period, from 192 days in 2018–19 to 181 days in 2022–23
Recidivism Data:
In most Australian states and territories, during 2022-2023, around a third (between 31% and 37%) of child offenders were proceeded against by police more than once. In Victoria, 27% of children offenders were proceeded against more than once (2,196 children) and in the Northern Territory, 53% were proceeded against more than once (399 children).
The mean number of times children were proceeded against by police was:
2.7 times in the Northern Territory
2.4 times in Queensland and Tasmania
2.1 times in New South Wales and South Australia
1.8 times in Victoria
1.7 times in the Australian Capital Territory
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