Youth justice system
The youth justice system is the set of processes and practices for managing children and young people who have committed or allegedly committed an offence. Each state and territory in Australia has its own youth justice legislation, policies and practices. The general processes by which young people are charged and sentenced, and the types of legal orders available to the courts, are similar.
In 2024–25, young people can be charged with a criminal offence if they are aged 10 and over, except in the Australian Capital Territory after the minimum age of criminal responsibility was raised from 10 to 12 years old in 2023. Whilst the Northern Territory also raised the minimum age of criminal responsibility from 10 to 12 years old in 2023, in 2024–25 it was lowered to 10 years old again. Victoria increased the age of criminal responsibility from 10 to 12 years old in September 2025, however, this is not included in the scope of 2024–25 data in this report. Tasmania has committed to raising the age of criminal responsibility in the coming years.
Age limits for the youth justice system
There are separate justice systems for young people and adults. The upper age limit for the youth system is 17 (at the time of the offence) in all states and territories. Those aged 18 and over are dealt with under criminal legislation relating to adults.
Legislation to increase Queensland’s age limit for the youth justice system to 17 was passed in November 2016 and enacted in February 2018. Before this, the age limit was 16. This change in legislation initially led to a rise in the number of young people supervised by youth justice in Queensland and nationally.
Some people aged 18 and over are also involved in the youth justice system. This can occur when:
- the young person committed the offence when aged 17 and under, but was sentenced when aged 18 and over
- the supervision is continued once the young person turns 18
- the young person is particularly vulnerable or immature.
In Victoria, some people aged 18–20 may be sentenced to detention in a youth facility under the state’s ‘dual track’ sentencing system.
Initial contact with the youth justice system
Generally, young people first make contact with the youth justice system when police investigate them for allegedly committing a crime. Legal action taken by police may include court actions (the laying of charges to be answered in court) and non-court actions (such as cautions, conferencing, counselling, or infringement notices).
A court may decide to:
- dismiss a charge
- divert the young person from further involvement in the system (for example, by referral to other services), or
- transfer the young person to specialist courts or programs.
If the matter proceeds and the charge is proven, the court may hand down various orders, either supervised or unsupervised.