The Age of Criminal Responsibility in Victoria
In Victoria, a child must be at least 12 years old before they can be charged with a crime. The law changed on 30 September 2025, raising the minimum age from 10 to 12. If your child has been questioned by police, or you simply want to understand where your family stands, you are not alone and there is free help. Call our legal information line on 1800 951 176.
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What you need to know right now
The minimum age of criminal responsibility in Victoria is 12 years. A child under 12 cannot be arrested, charged or found guilty of any criminal offence, no matter how serious. This floor was raised from 10 to 12 by the Youth Justice Act 2024 (Vic) and took effect on 30 September 2025. Children aged 12 and 13 can be charged, but a special protection called doli incapax still applies to them (explained below). From 14, a young person is treated as fully responsible for their actions, subject to the usual defences.
The law in Victoria
The starting point is the Youth Justice Act 2024 (Vic), Victoria's first standalone youth justice law. Section 10 of that Act sets the minimum age of criminal responsibility at 12. A child who has not yet turned 12 cannot commit a criminal offence in law, and cannot be arrested, summonsed, charged or convicted. There are no exceptions for serious offences. Before 30 September 2025 the age was 10, so this is a recent and important change.For children aged 12 and 13, a long-standing protection called doli incapax applies, and the Youth Justice Act 2024 has now written it directly into the legislation at section 11. The law presumes that a child under 14 does not have the maturity to be criminally responsible. To convict a 12 or 13 year old, the prosecution must prove beyond reasonable doubt that the child knew, at the time, that what they were doing was seriously wrong, not merely naughty or against the rules. If the prosecution cannot prove that, the charge fails.
It is important to be clear about the reform timeline, because it has changed. In 2023 the Victorian Government announced a two-stage plan: raise the age to 12, and then to 14 by 2027, with some exceptions for serious offences. On 13 August 2024 the Government abandoned the second stage. The age was raised to 12 and there is currently no legislated plan to take it to 14. Organisations such as Victoria Legal Aid continue to campaign for 14, but as at June 2026 the law stops at 12.
A child who is too young to be charged is not simply ignored. Where there are concerns about a child's safety, behaviour or home environment, the response comes through welfare and support channels, such as a referral to Child Protection or to early-intervention and therapeutic programs, rather than through the criminal courts.
When a young person aged 12 to 17 is charged, their matter is almost always heard in the Children's Court of Victoria, which is less formal than the adult courts and focused on rehabilitation rather than punishment. A young person is generally dealt with as a child for offending that happened while they were under 18.
The law at a glance
- Minimum age of criminal responsibility in Victoria: 12 years.
- Children aged 10 and 11 cannot be charged with any offence, including serious ones.
- The age rose from 10 to 12 on 30 September 2025 (Youth Justice Act 2024, s10).
- Doli incapax protects children aged 12 and 13 (codified in s11).
- Prosecution must prove a 12 or 13 year old knew the act was seriously wrong.
- The previously announced plan to raise the age to 14 was abandoned on 13 August 2024.
- From age 14, a young person is treated as fully criminally responsible.
- Most cases involving under-18s are heard in the Children's Court of Victoria.
Has your child been contacted by police?
If police want to interview or charge a child, this is the moment to get advice, before any formal interview. A child has the right to have a parent, guardian or independent person present, and the right to legal help. Even where a child is 12 or 13 and could in theory be charged, doli incapax may mean they cannot lawfully be convicted unless the prosecution proves they understood their conduct was seriously wrong. Do not assume the situation is hopeless, and do not let a child be interviewed alone. A quick call to a free service can change the outcome.
What this means in practice
What happens next depends almost entirely on the child's age. Here is how the law treats each band.
What to do now — step by step
Mistakes to avoid
Free & low-cost help in Victoria
You do not need to pay a private lawyer to get help. Victoria has free, specialist services for children and young people, including a dedicated Aboriginal legal service. These are real organisations you can contact directly.
Victoria Legal Aid
Free legal information and advice, including for young people and police matters. Phone the Legal Help line on 1300 792 387.
Youthlaw
Free statewide community legal centre for anyone under 25, with a legal helpline and advice on dealing with police and courts.
Victorian Aboriginal Legal Service (VALS)
Aboriginal community-controlled legal service with a 24-hour line on 1800 064 865 and a dedicated youth service, Balit Ngulu.
Federation of Community Legal Centres (Vic)
Helps you find a free local community legal centre that can give advice on a child's contact with police or the courts.
Frequently asked questions — Age of Criminal Responsibility in Victoria
What is the minimum age of criminal responsibility in Victoria?
It is 12 years. A child must be at least 12 before they can be charged with a criminal offence. This was raised from 10 to 12 on 30 September 2025.
When did the age change from 10 to 12?
The change took effect on 30 September 2025 under the Youth Justice Act 2024 (Vic). Before that date, the minimum age in Victoria was 10.
Is Victoria raising the age to 14?
No, not currently. Victoria originally planned to raise the age to 14 by 2027, but the Government abandoned that second stage on 13 August 2024. The law now stops at 12, although some organisations continue to campaign for 14.
What happens to a child under 12 who does something seriously wrong?
They cannot be arrested, charged or convicted, even for a serious act. The response comes through welfare and support channels, such as a referral to Child Protection or to early-intervention programs, not the criminal courts.
What is doli incapax?
It is a legal protection for children aged 12 and 13. The law presumes a child under 14 is not criminally responsible. To convict them, the prosecution must prove beyond reasonable doubt that the child knew, at the time, that what they did was seriously wrong, not just naughty.
Does doli incapax still apply now that the age is 12?
Yes. Doli incapax has been written into the Youth Justice Act 2024 at section 11 and applies to children aged 12 and 13. Children aged 10 and 11 are simply below the age of responsibility, so the question of capacity does not arise for them.
Can a 12 or 13 year old be sent to court?
Yes, they can be charged and their matter heard in the Children's Court of Victoria. But because of doli incapax, the prosecution must prove the child understood their conduct was seriously wrong, or the charge cannot succeed.
Which court hears cases involving young people?
Almost all offending by people under 18 is dealt with in the Children's Court of Victoria. It is less formal than the adult courts, the public is generally excluded, and the focus is on rehabilitation.
At what age is a young person treated as a full adult by the criminal law?
From 14, a young person is treated as fully criminally responsible, subject to the usual defences. However, offending that happened while they were under 18 is generally dealt with as a child, in the Children's Court.
Where can my child get free legal help?
Victoria Legal Aid, Youthlaw (for under-25s) and the Victorian Aboriginal Legal Service all offer free help. You can also call our legal information line on 1800 951 176 to understand your next step.
Sources & further reading
- Youth Justice Act 2024 (Vic) - legislation.vic.gov.au
- Youth Justice Bill 2024 - Parliamentary Library Bill Brief (age, doli incapax, commencement)
- Raising the age to 12 will make communities safer - Victoria Legal Aid
- Backflip on raising the age to 14 - Commission for Children and Young People (Vic)
- Young people and the law - Victoria Legal Aid
- Children's Court of Victoria
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
If police want to interview or charge a child, especially a 12 or 13 year old where doli incapax is in play, getting advice early can change everything. A lawyer can make sure the child is not questioned without the right support, can test whether the prosecution can actually prove the child knew the act was seriously wrong, and can push for diversion away from court and a criminal record. You do not have to work this out alone, and free services exist precisely for these situations.
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The law on the age of criminal responsibility in Victoria changed recently, and it is easy to be working from out-of-date information. If you are a worried parent, a young person, or a student trying to understand where you stand, we can point you in the right direction and connect you with a lawyer who handles youth matters. Call 1800 951 176. Free legal information, not legal advice.
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