An opposition MP is renewing calls for the Victorian Government to reconsider the age of criminal responsibility, after an 11-year-old would not face charges over the recent alleged stabbing of a student with a teacher also receiving minor injuries.
The alleged incident occurred on 27 November at Brentwood Park Primary School in Berwick, when the 11-year-old entered a classroom allegedly with a knife and an imitation firearm.
Ambulance Victoria confirmed both victims sustained non-life-threatening injuries. Victoria Police later explained the child would not be charged, as the minimum age of criminal responsibility in Victoria is 12.
The case has reignited debate over whether current laws strike the right balance between child welfare, accountability, and public safety.
While the Liberal Party unsuccessfully moved amendments to the Youth Justice Act 2024, South-Eastern Metropolitan MP Ann-Marie Hermans questioned the Attorney-General during parliamentary sitting on 2 December.
“This was no playground scuffle. It was a deliberate premeditated attack,” she said.
“Yet under Labor’s changes, the courts are powerless to act leaving both the victim and the offender as casualties of flawed legislation.”
Citing the Victorian Auditor-General’s report on Government schools, Ms Hermans said work-related violence caused by student behaviour has increased by nearly 47 per cent annually between 2015 and 2024.
She warned Labor’s Youth Justice Act means children as young as 10 and 11 “cannot be charged” with serious crimes like aggravated burglary or car theft and “cannot be required” to take part in programs that address their offending.
The latest crime statistics reveal a worrying pattern in Casey, with alleged offender incidents rising 20.9 per cent, from 7,368 to 8,908 for the year ending June 2025. Youth offenders aged 10–17 made up about 14 per cent of all age groups.
In Cardinia, incidents grew 37.1 per cent, from 2,313 to 3,170, with youth offenders aged 10–17 representing roughly 15 per cent of all age groups.
According to Victoria Police statewide, youth crime remains at the highest levels since electronic records commenced in 1993, with 25,275 incidents and a 17.9 per cent increase.
“I support real investment in early intervention so young people get the help they need, but there must also be meaningful consequences when violence occurs. That balance is essential to keep our schools and communities safe,” Ms Hermans said.
A spokesperson said the Department of Education “continues to support” Brentwood Park Primary School and its community but would not comment on arrangements for individual students.
Spokesperson also told the Gazette that questions about the age of criminal responsibility should be directed to the Department of Justice and Community Safety.
The Department of Justice and Community Safety declined to comment.
