The age of criminal responsibility in Australia is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defense of infancy

Defense of infancy

The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility...

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All States of Australia have adopted a uniform age of criminal responsibility.

Doli incapax refers to a presumption that a child is "incapable of crime" under legislation or common law.

Ages of criminal responsibility by jurisdiction

Jurisdiction	Cannot be charged with a criminal offence	Doli incapax	Age in adult court	Reference
Commonwealth Commonwealth Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...	Under 10	10 to under 14	Under State law	Crimes Act 1914, s4M Criminal Code Act 1995, s7.1; Crimes Act 1914, s4N Criminal Code Act 1995, s7.2
Australian Capital Territory Australian Capital Territory The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...	Under 10	10 to under 14	18	Criminal Code 2002, s25 Criminal Code 2002, s26; Children and Young People Act 1999, Part 1.3 ss7 and 8, and s69
New South Wales New South Wales New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...	Under 10	10 to under 14	18	Children (Criminal Proceedings) Act 1987, s5; Common law: doli incapax; Children (Criminal Proceedings) Act 1987, s3
Northern Territory Northern Territory The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...	Under 10	10 to under 14	18	Criminal Code Act, s38(1), s38(2); Juvenile Justice Act, s3
Queensland Queensland Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...	Under 10	10 to under 14	17	Criminal Code Act 1899, s29(1); Criminal Code Act 1899, s29(2); Juvenile Justice Act 1992, Schedule 4
South Australia South Australia South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...	Under 10	10 to under 14	18	Young Offenders Act 1993, s5; Common law doli incapax; Young Offenders Act 1993, s4;
Tasmania Tasmania Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...	Under 10	10 to under 14	18	Criminal Code Act 1924, s18(1); Criminal Code Act 1924, s18(2); Youth Justice Act 1997, s3
Victoria	Under 10	10 to under 14	18	Children and Young Persons Act 1989, s127; Common law doli incapax; Children and Young Persons Act 1989, s3
Western Australia Western Australia Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...	Under 10	10 to under 14	18	Criminal Code Act Compilation Act 1913, s29; Criminal Code Act Compilation Act 1913, s29; Young Offenders Act 1994, s3

External links

• Recent doli incapax case, NSW Supreme Court