Overview
- Specified offences include aggravated home invasion, home invasion, gross-violence injury, aggravated carjacking, carjacking, and serious or repeated aggravated burglary and armed robbery, with carjacking defaulting to adult court unless compelling reasons apply.
- Maximum penalties for aggravated home invasion and aggravated carjacking would rise from 25 years to life for offenders aged 14 and over, contrasting with the Children’s Court cap of three years for a single offence.
- The plan directs courts to prioritise community safety and victims’ impact and removes the presumption that jail is a last resort for children, with government figures showing 34% jailed in the Children’s Court versus 97% in adult courts for comparable offences.
- Legal, human-rights and Aboriginal advocates warn the move breaches child-rights obligations and will worsen outcomes for First Nations youth, while the Police Association welcomed the tougher stance and the opposition argued the list of offences is too narrow.
- Drafting is underway for introduction before the end of 2025 with implementation flagged for 2026, and ministers said youths sentenced under the new regime would serve in youth facilities before possibly transitioning to adult prisons as they age.