A Victorian inquiry drawing on the experiences of children and young people who had interacted with the criminal justice system before turning 14 has called for earlier support, less reliance on punishment and an increase in the age of criminal responsibility. Its central message is that child wellbeing and community safety are closely connected. 

The Victorian Commission for Children and Young People tabled its report, With us, not against us, in the Victorian Parliament on 30 July 2026. 

The inquiry considered the experiences of children who first encountered the criminal justice system before turning 14. It combined consultations with 41 children and young people with a targeted review of the files of 26 children who had been under Youth Justice supervision for offences or alleged offences, committed before that age. The Commission also considered government data, existing research and the views of organisations and professionals working with children and families.  

The report makes six findings and 15 recommendations. Its central conclusion is that preventing harmful behaviour and improving community safety require earlier, coordinated and developmentally appropriate support for children. 

One of the report's strongest themes is that children who enter the criminal justice system at a very young age are often experiencing significant disadvantage and adversity long beforehand. 

The Commission's review found that all 26 children in the cohort had previous involvement with Child Protection, and together had been the subject of 250 reports relating to their safety and wellbeing. Many had experienced family violence, unstable housing, disengagement from school or time in out-of-home care. 

The report also highlights the disproportionate impact of early criminalisation on some groups of children. Aboriginal children, children from multicultural backgrounds and children living with disability were overrepresented among those reviewed. 

Drawing on these findings, the Commission argues that children's behaviour cannot be understood in isolation from their broader circumstances. It concludes that meaningful reductions in offending require systems to identify and respond to children's needs much earlier.

The report advocates a stronger focus on prevention and early intervention, arguing that support provided before a child enters the justice system is more likely to improve outcomes than responding after problems have escalated. 

Rather than relying primarily on police and courts, the Commission recommends greater coordination between education, child protection, health and community services. It also calls for investment in programs that strengthen children's connections to school, family, trusted adults and their local communities. 

A recurring message from children and young people consulted during the inquiry was that they wanted adults and services to work with them, rather than making decisions about them without meaningful engagement.  

The report's most significant recommendation is that Victoria raise the minimum age of criminal responsibility from 12 to 14. 

Victoria increased the age from 10 to 12 in September 2025. However, the Commission considers this reform does not go far enough and notes that children aged 12 and 13 can still become involved in the criminal justice system through arrest, charge and court processes. 

The Commission points to developmental evidence suggesting that younger children are less able to fully understand the consequences of their actions and are often heavily influenced by trauma, disability, family circumstances and other social factors. It therefore recommends that children under 14 be supported through therapeutic and welfare responses rather than criminal justice processes. 

Notably, the report also recommends that, until the age is increased, no child under 14 should be detained in youth justice custody. 

At its core, With us, not against us asks whether society is responding to vulnerable children early enough. The Commission's answer is clear: if the goal is to reduce offending and improve community safety, the focus must be on identifying risk, providing support and addressing children's needs before they become entrenched in the criminal justice system.  

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