Age of Criminal Responsibility TAS

What you need to know right now

In Tasmania, a child must be at least 10 years old before they can be charged with a criminal offence. A child under 10 cannot commit a crime in law, no matter what happened. For a child aged 10, 11, 12 or 13, there is an extra protection: the prosecution must prove the child knew that what they did was seriously wrong, not just naughty or mischievous. Be careful of one common mix-up. The age at which a child can be charged at all (the age of criminal responsibility, currently 10) is different from the age at which a child can be locked up in detention. Tasmania has committed to raising both of these ages in future, but as at June 2026 the minimum age of criminal responsibility remains 10. The reforms are a government commitment, not yet the law.

The law in Tasmania

The starting point is section 18 of the Criminal Code, which is found in Schedule 1 to the Criminal Code Act 1924 (Tas). Section 18(1) says plainly that 'No act or omission done or made by a person under 10 years of age is an offence.' This means a child under 10 cannot be charged, cannot be found guilty, and cannot be criminally responsible for anything, regardless of how serious the incident was. The law treats them as too young to be blamed in a criminal sense.

For children aged 10 to 13, there is a second layer of protection in section 18(2). It says that an act done by a person under 14 is not an offence 'unless it be proved that he had sufficient capacity to know that the act or omission was one which he ought not to do or make.' In practice this means the prosecution has to prove the child actually understood that what they did was seriously wrong. This is Tasmania's version of a long-standing rule lawyers call doli incapax, which is Latin for 'incapable of wrong'.

The leading case explaining doli incapax across Australia is RP v The Queen [2016] HCA 53, a decision of the High Court of Australia. The Court confirmed that for a child aged 10 but under 14 the prosecution must prove, beyond reasonable doubt, that the child knew their conduct was seriously or gravely wrong in a moral sense, not merely that it was naughty or against the rules. The Court warned that this cannot be assumed from the seriousness of the act alone or from general statements about children of that age. It must be proved with real evidence.

Now the part that causes the most confusion, and the part worth reading slowly. The 'age of criminal responsibility' (currently 10) is the age at which a child can be charged at all. The 'age of detention' is the age below which a child cannot be sent to a youth detention centre. These are two different things. In its Youth Justice Blueprint, the Tasmanian Government committed to raising the age of criminal responsibility from 10 to 14, and separately to raising the minimum age of detention from 10 to 16, with a target around 2029. As at June 2026 these are commitments and a reform plan, not yet law. Until Parliament actually changes the Criminal Code, the age a child can be charged in Tasmania is still 10.

Children who are charged are dealt with separately from adults, under the Youth Justice Act 1997 (Tas), in the youth justice stream of the Magistrates Court. That system focuses on diversion and rehabilitation, with options such as cautions and community conferences before any court hearing.

The Tasmanian law at a glance

Minimum age of criminal responsibility in Tasmania: 10 years (current law, June 2026).
Source: section 18(1) Criminal Code, Schedule 1, Criminal Code Act 1924 (Tas).
A child under 10 cannot be charged or found guilty of any offence.
Ages 10 to 13: prosecution must prove the child knew the act was seriously wrong (doli incapax).
Statutory wording: section 18(2) Criminal Code (Tas); leading case RP v The Queen [2016] HCA 53.
Age of detention is separate from age of responsibility - do not confuse the two.
Reform commitment: raise responsibility to 14 and detention to 16, targeted around 2029 - not yet law.
Children's matters are handled under the Youth Justice Act 1997 (Tas).

Responsibility versus detention: the distinction that trips people up

You may have read headlines that 'Tasmania is raising the age to 14' or 'to 16'. Both are true as commitments, but they describe two different measures. Raising the age of criminal RESPONSIBILITY to 14 would mean children under 14 could not be charged at all. Raising the age of DETENTION to 16 would mean children under 16 could not be sent to a detention centre, even if they could still be charged. As at June 2026 neither change has commenced. The current age a child can be charged in Tasmania is 10. If anyone tells you your young child 'can't be touched because the law has changed', check the facts and get advice, because the change is planned for around 2029, not in force now.

What this means in practice

What happens next depends heavily on the child's age and the circumstances. Here is how the different situations usually play out in Tasmania.

Child under 10

Cannot be charged with any offence. Police may still respond to the incident, and child protection or support services may become involved, but there is no criminal charge and no criminal record.

Child aged 10 to 13

Can only be charged if the prosecution can prove the child knew the act was seriously wrong (doli incapax). Many matters at this age are diverted away from court entirely.

Caution by police

For less serious matters, police can give an informal or formal caution instead of going to court. A formal caution may involve an apology, compensation or community service, but no court appearance.

Community conference

For more serious matters, a facilitated meeting between the young person, their family, the victim and a youth worker can agree on consequences without a formal court conviction.

Youth justice court

If a charge proceeds, it is heard in the youth stream under the Youth Justice Act 1997 (Tas), which focuses on rehabilitation, not adult-style punishment.

Detention (last resort)

Detention is meant to be a last resort for young people. Tasmania has committed to raising the minimum detention age to 16, but that change is not yet law.

What to do now — step by step

1

Stay calm and do not let your child answer police questions or sign anything until you have legal advice. They have the right to a support person.

2

Write down the child's exact date of birth and age on the day of the incident. Age is decisive in these cases.

3

Ask police whether they are proceeding by caution, community conference or charge, and get any paperwork in writing.

4

Call the free legal hotline on 1800 951 176, or contact Tasmania Legal Aid, to understand your child's position before the next step.

5

If the child is Aboriginal or Torres Strait Islander, contact the Tasmanian Aboriginal Legal Service for culturally safe support.

Mistakes to avoid

⚠️

Assuming the law has 'already changed' to 14 or 16. As at June 2026 the age a child can be charged is still 10; the higher ages are a future commitment.

⚠️

Confusing the age of criminal responsibility (when a child can be charged) with the age of detention (when a child can be locked up). They are different ages and different reforms.

⚠️

Letting a 10 to 13 year old be interviewed without support, assuming doli incapax automatically protects them. It is a protection that must be argued with evidence, not a guarantee.

⚠️

Treating a police caution or conference as 'nothing'. They are real outcomes worth getting advice on, even though they avoid court.

Free & low-cost help in Tasmania

There is real, free help in Tasmania for children and parents dealing with police or the youth justice system. You do not have to work this out alone, and you should get advice early.

Tasmania Legal Aid

Free legal help for young people aged 10 to 17 and their families, including a dedicated 'Court for young people' service. Legal Help Line on 1300 366 611, Monday to Friday.

Tasmanian Aboriginal Legal Service (TALS)

Aboriginal community-controlled legal service offering culturally safe criminal law help across Tasmania, with offices in Hobart and Launceston and a focus on youth justice.

Magistrates Court of Tasmania (Youth Justice)

Official information about how children's and youth matters are dealt with in the Magistrates Court under the Youth Justice Act 1997 (Tas).

Frequently asked questions — Age of Criminal Responsibility in Tasmania

What is the minimum age of criminal responsibility in Tasmania right now?

It is 10 years. Under section 18(1) of the Criminal Code (Tas), a child under 10 cannot be charged or found guilty of any offence. This is the current law as at June 2026.

What is the difference between the age of criminal responsibility and the age of detention?

The age of criminal responsibility is the age at which a child can be charged at all - currently 10 in Tasmania. The age of detention is the age below which a child cannot be sent to a detention centre. They are different things. Tasmania has committed to raising responsibility to 14 and detention to 16, but neither has become law yet.

Has Tasmania already raised the age to 14?

No. As at June 2026, raising the age of criminal responsibility to 14 is a government commitment in the Youth Justice Blueprint, targeted for around 2029. It has not yet passed into law, so the age a child can be charged is still 10.

Can a child under 10 ever be charged in Tasmania?

No. A child under 10 cannot commit a criminal offence in law. Police may still respond and other services may get involved, but there is no charge and no criminal record.

My child is 11. Does that mean they cannot be charged?

Not automatically. A child aged 10 to 13 can be charged, but only if the prosecution proves the child knew the act was seriously wrong. This protection is called doli incapax. Get legal advice early, because it must be argued with evidence.

What is doli incapax?

Doli incapax is a legal presumption that a child aged 10 but under 14 is incapable of committing a crime unless the prosecution proves the child understood that what they did was seriously wrong, not just naughty. The leading High Court case is RP v The Queen [2016] HCA 53.

What happens to a child who is too young to be charged?

There is no criminal case. Police may speak to the family, and child welfare or support services may become involved to address the behaviour and any underlying issues, but the child is not prosecuted.

Will my child get a criminal record?

A child under 10 cannot get a criminal record. For older children, many matters are diverted through cautions or community conferences that avoid a conviction. A lawyer can explain what any particular outcome means for your child's record.

What court deals with children in Tasmania?

Children's criminal matters are dealt with in the youth justice stream of the Magistrates Court under the Youth Justice Act 1997 (Tas). It focuses on rehabilitation rather than adult-style punishment.

Is the free help really free?

Yes. Tasmania Legal Aid, the Tasmanian Aboriginal Legal Service and the legal hotline on 1800 951 176 provide free legal information and assistance. You should reach out before answering police questions or attending court.

Sources & further reading

Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.

When to speak to a lawyer

Any time police want to question, caution or charge a child, it is worth speaking to a lawyer first, especially for a child aged 10 to 13 where doli incapax may apply. A lawyer can check the child's exact age, test whether the prosecution can really prove the child understood the act was seriously wrong, push for diversion away from court where appropriate, and make sure the child is not pressured into admissions. Early advice often changes the outcome. It costs nothing to ask, and the free hotline on 1800 951 176 can connect you with someone who handles youth matters in Tasmania.

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The Age of Criminal Responsibility in Tasmania