What happens if I have been harmed by a child under the age of criminal responsibility?

What action can be taken to address harmful behaviour by a child under 14?

• Generally, children under 14 years of age who engage in harmful behaviour cannot be held criminally responsible. That means they cannot be charged, convicted and/or incarcerated for ACT offences.
• 12 and 13-year-olds can still be criminally responsible for the offences of murder, intentionally inflicting grievous bodily harm, sexual assault in the first degree, or act of indecency in the first degree.
• It is not possible for a restraining order to be taken out against a child under 14 years old (in the ACT, these orders are called Personal Protection Orders or Family Violence Orders).
• Children under 14 years who engage in serious harmful behaviour, or who are at risk of engaging in such behaviour, can be referred to the Therapeutic Support Panel under Part 14A.3 of the Children and Young People Act 2008 (CYP Act).
• The role of the Therapeutic Support Panel is to work with those children and their families to address unmet therapeutic needs that underlie harmful behaviour, to divert them from criminal legal responses and systems, and create lasting positive outcomes.
• More information about the Therapeutic Support Panel is available on the ACT Government youth justice website.

What are my rights if I am harmed by the behaviour of a child under 14?

• Even though children under 14 cannot be held criminally responsible, victims of their harmful behaviour still have rights and support options.
• The two main rights are:
  • to make a harm statement to the Therapeutic Support Panel (which must be considered by the Panel if the child who caused the harm is referred to the Panel now or in future), and
  • to ask whether a referral for restorative justice can be made (where the child who caused the harm is at least 10 years old).
• Victims may also be eligible for free counselling support and financial payments to help address or recognise the harm that has been caused.
  • For more information, contact Victim Support ACT.

How can I make a harm statement?

• If a child is referred to the Therapeutic Support Panel, then victims that have been harmed by that child’s behaviour may make a harm statement to the Panel.
• Victim rights to make harm statements are set out Division 3A.3A of the Victims of Crime Act 1994 (VOC Act).
• The responsibility for informing victims that they can make a harm statement is shared by ACT Policing, the Therapeutic Support Panel, and the Victims of Crime Commissioner (s 15CG of the VOC Act). In practice, these agencies can only provide information to victims if they have their names and contact details.
• If you have been harmed by a child under 14, and would like to know whether the child has been referred to the Therapeutic Support Panel (thereby enabling you to make a harm statement), you can:
  • Contact Victim Support ACT who can make enquiries on your behalf and tell you about other supports available, or
  • Contact the Therapeutic Support Panel.
    • Phone: (02) 6205 0082
    • Email: TSPreferral@act.gov.au

Who can refer a child to the Therapeutic Support Panel?

• A child can be referred to the Therapeutic Support Panel by ACT Policing and a wide range of other agencies and people, including schools, teachers, health practitioners, and carers of the child (Part 14A.3 of the CYP Act).
• When a referral is made, the referring entity will be encouraged to provide details of any victims of the child’s harmful behaviour, and with the consent of the victim, to provide their name and contact details to the Therapeutic Support Panel. This will ensure that victims can be given a voice in the process by being invited to make a harm statement.
• Victims cannot make direct referrals to the Therapeutic Support Panel but they can ask a referring entity, such as ACT Policing, to make a referral. The agency or person best placed to make a referral will be one who knows the identity of the child who has caused the harm, and is aware of their harmful behaviour.

What is a harm statement?

• A harm statement explains the harm caused to a victim by the harmful behaviour.
• Harm can include physical harm (such as broken bones), economic loss, mental injury and/or emotional suffering (such trauma responses or ongoing concerns for safety).
• A harm statement can explain the circumstances in which the harmful behaviour occurred.
• A harm statement must not contain anything that is offensive, threatening, intimidating or harassing (section 15CD of the VOC Act).

What is the benefit of making a harm statement?

• Some victims find that it helps their recovery to explain the harm they have suffered, and to know that their statement will be used to try to support the child to stop engaging in harmful behaviour.
• Harm statements are used by the Therapeutic Support Panel to inform the treatment for the child’s harmful behaviour.
• Receiving information from the victim about the type of harmful behaviour the child has engaged in, and the consequences of that behaviour, will mean the Therapeutic Support Panel is better equipped to do its job.
• In some cases, where the victim consents to their harm statement being shared with the child, the sharing of the harm statement can help the child to understand the consequences of their behaviour.
• The Therapeutic Support Panel will consider whether to make a therapy plan with the child and the child’s family.
• If a plan is made, the Therapeutic Support Panel will support the child and their family to follow the plan.
• If the plan is not followed, and the child’s harmful behaviour continues, there is the option of applying to the Childrens Court for an intensive therapy order.
• As a last resort, the Children’s Court can order that the child stay in a place where they can get assessed and receive therapy and treatment

Who can make a harm statement?

• A harm statement may be made by any person who has been harmed by the behaviour of the child that has been referred to the Therapeutic Support Panel. These are called ‘primary victims’.
• Harm statements can also be made by parents or carers of a primary victim, a spouse, or other close family members, if the primary victim does not object.
• Where the harm statement is made by someone other than the primary victim it must:
  • Identify the primary victim and state the nature and length of the relationship with them,
  • Indicate that the primary victim does not object to the statement being made to the Therapeutic Support Panel,
  • If practicable, be signed by the primary victim or accompanied by a statement from the primary victim verifying that they do not object.

How can a harm statement be made?

• A harm statement can be given verbally or in writing.
• If it is in writing, the victim can decide whether they want it to be read aloud to the Therapeutic Support Panel.
• If it is in writing, it should be signed by the person making the statement.
• A harm statement can contain photographs, drawings or other images.

What help is available to prepare a harm statement?

• Victim Support ACT can support victims to prepare their harm statement and offer other supports and services.
• Where a harm statement is being prepared by the parent/carer or a close family member of the primary victim, there are some technical rules about what may or must be included in the statement which Victim Support ACT can explain and help you work through.

Will a copy of the statement be given to the child who has been referred to the Therapeutic Support Panel?

• The Therapeutic Support Panel can only share the harm statement with the child/young person who caused the harm if the victim agrees that it can be shared with them.
• Even if the victim agrees, the Therapeutic Support Panel can only share the statement with the child/young person if the panel considers it is in the best interests of the child/young person to do so.

Will the victim’s identity be kept confidential by the Therapeutic Support Panel?

• Where a harm statement is made, the victim’s identity must be disclosed to the Therapeutic Support Panel.
• The only situation where the Therapeutic Support Panel can disclose the name of the victim to another person is where the name has been included in the harm statement and the victim consents to the statement being provided to the person who caused the harm.
• It is up to the victim to decide whether or not to include their name, or other identifying details, in the harm statement.
• If the victim decides not to include their name in the statement, the victim’s identity should be disclosed separately to the Therapeutic Support Panel (e.g. in a covering email).

How are harm statements provided to the Therapeutic Support Panel?

• Harm statements can be emailed to Victim Support ACT at vocc@act.gov.au, and provided to the Therapeutic Support Panel on your behalf.
  • This way Victim Support ACT can also let you know about supports or financial payments available to the victim.
  • Also, if you have questions for the Panel, the Victims of Crime Commissioner can consult with the Chair of the Panel on your behalf to determine whether information can be shared with you to answer your questions.
• Alternatively, you may give your harm statement directly to the Therapeutic Support Panel by emailing it to tspreferrals@act.gov.au.

What is Restorative Justice?

• Restorative Justice (RJ) offers opportunities for people harmed to have a voice and say in their personal justice interests and needs in the aftermath of harmful behaviour.
• The voluntary ACT scheme exists to enhance your rights and participatory options, empowering you to make informed decisions and choices through flexible conferencing opportunities.
• After careful assessment and preparation, conferences bring together, directly or indirectly, those that have a stake in the harmful behaviour including you, your community of care, the person responsible for the harm, their community of care and others such as professional support workers and Police in a carefully managed and safe environment by a person known as a Convenor to explore what happened, who has been affected and what needs to happen as a result.
• More information about the restorative justice process is available on the  Restorative Justice Unit website.

What does Restorative Justice have to offer?

• For people harmed, RJ offers opportunities for you to give voice to the actual impacts on you and those close to you as well as a say in what you think needs to happen to repair the harm caused.
• It allows you to ask questions that might be left sitting with you about what happened and the circumstances surrounding the harmful behaviour, for example 'why me?' and to receive a response from the person responsible who is often the only one who can answer and provide detail to those important questions.
• It is a process that holds the person responsible for the harmful behaviour accountable, ensuring they gain insight into the impacts and requires them to respond to those harms.
• You get the chance to assess for yourself the level of responsibility and remorse the person responsible is taking.
• You also get a say in what you think the person responsible should do to try to repair the harm and look for options to ensure it doesn’t happen again.

How do I request a referral to Restorative Justice?

• If you have been impacted by harmful behaviour by a child who is at least 10 years old and you are interested to learn more about restorative justice options, you can call the Restorative Justice Unit (RJU) on (02) 6207 3992 or email restorativejustice@act.gov.au.
• A convenor will be available to respond to your enquiry and can even arrange to provide you more information about this voluntary process, its potential benefits and risks at a time and place that suits and is safe to you.
• If you feel there may be benefit for you in taking part and you remain interested to continue to explore the possibilities of an RJ process, you can then ask to have your matter referred.
• The RJU can assist to navigate the eligible referring agency to make the referral such as by ACT Policing, Therapeutic Support Panel, Victim Support ACT or the RJU itself.

Contact details for key agencies

Victim Support ACT

Email: vocc@act.gov.au

Phone: (02) 6205 2066 or 1800 822 272

ACT Restorative Justice Unit

Phone: (02) 6207 3992

Email: restorativejustice@act.gov.au

ACT Therapeutic Support Panel

Phone: (02) 6205 0082

Email: TSPreferral@act.gov.au

ACT Policing

If you have reported the incident to police, the police officer you reported to will be your best point of contact in ACT Policing about the incident.

Police Victim Liaison Officers: (02) 5126 9113

Police Assistance Line for non-urgent police assistance: 131 444

In case of emergency: 000