Youth advocacy

The Salvation Army provided a submission to the South Australian Attorney-General’s Department, responding to the proposed alternative diversion model under the raised age of criminal responsibility.

The diversion model is proposed to replace criminal justice system responses to children’s behaviour that would have otherwise constituted a criminal offence. The model is based on the premise that the minimum age of criminal responsibility (MACR) be raised to 12 years.

The Salvation Army’s submission drew on developmental evidence, our previous submissions and our frontline experience to discuss the strong connection between children experiencing disadvantage and those being disproportionately impacted by criminal justice responses.

The submission focused on the following critical points:

• Early contact with the criminal justice system are a strong predictor of reoffending and future criminalisation. We strongly urged for the MACR to be raised further to at least 14 years without exception, in line with developmental evidence and international obligations.
• Disadvantage and marginalisation are key drivers and consequences of childhood criminal justice involvement. Children and young people who experience disadvantage are disproportionately impacted by a low MACR. We recommended increased investment in community organisations and early intervention services which divert children away from the justice system and meet their physical, mental, emotional and social needs.
• Aboriginal and Torres Strait Islander children and young people are overrepresented in the criminal justice system. We recommended that government work to address systemic racism by increasing cultural competency across the youth justice system and empowering communities to deliver culturally safe Aboriginal and Torres Strait Islander owned and controlled diversion interventions.
• The Salvation Army supported the implementation of a diversionary model which is therapeutic, rights-focused, and which considers the unique experiences of children. We recommended that government commit to resourcing frontline justice responses, prioritising education and training, and improving youth sector capacity to ensure interventions are equitable, trauma-informed and child-centred.

At the heart of our submission was the need to safeguard children and young people.