ACT Search and Detention Powers for Persons Under 14 Years Old

Crimes Legislation Amendment Bill 2025

17 Apr 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

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Topics

background checks child protection child safety children's rights civil liberties criminal justice criminal records detention emergency entry Indigenous affairs Indigenous rights juvenile justice law enforcement police powers search and seizure search warrants vulnerable people youth justice youth rights +14 more

Introduced by: The Hon Tara Cheyne MLA (ALP) — Attorney-General, Minister , Minister for City and Government Services, Minister for Human Rights, Minister for the Night-Time Economy

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Issuing officers can now grant warrants to search people under 14 years old; they must consider the child's best interests before doing so.
Police cannot stop, search or detain a person under 14 years old unless they have a warrant, a court order, or meet specific safety and investigation criteria.
Police can stop or search a person under 14 without a warrant if they believe the person is at least 14; they can also do so to prevent serious harm or to find evidence of a crime committed by someone else.
Police must not detain a person under 14 longer than necessary to check their age, stop harmful conduct or ensure safety.
Issuing officers can now grant warrants or enter premises in emergencies to prevent physical injury to a person; previously these powers only applied to offences.
Spent convictions no longer stay hidden when someone applies for Working with Vulnerable People registration.
Issuing officers may require the applicant to notify the Public Advocate or the Aboriginal and Torres Strait Islander children and young people commissioner before searching a child under 14.
Police can keep a child under 14 in detention until they can be handed over to a parent, guardian, or appropriate agency.

The Debate

What different members said when this bill was debated:

Tara Cheyne ALP

“I move: That this bill be agreed to in principle. I am pleased to present to the Assembly the Crimes Legislation Amendment Bill 2025.”

Official source →

Marisa Paterson ALP

“I welcome the 1085 9 April 2025 Legislative Assembly for the ACT opportunity to speak in support of the Crimes Legislation Amendment Bill 2025. This bill is part of a suite of measures taken by the government that invest in our most disadvantaged and marginalised young people. It demonstrates the government’s commitment to driving meaningful change for these young people and our community.”

Official source →

Shane Rattenbury GRN

“The Greens support this bill. It will form part of the reforms that will see the minimum age of criminal responsibility raised from 12 to 14 on 1 July this year. Raising the minimum age of criminal responsibility was one of the most impactful pieces of work that I led in the previous Assembly.”

Official source →

Jeremy Hanson LIB

“I will speak briefly. I want to refute some of the nonsense that comes out of the police minister. She is posting videos on Facebook saying that somehow the Canberra Liberals are undermining the police because of what we are trying to do to give them more legislative power. Then today she said, “The Canberra Liberals are trying to take us back to the 1950s.”

Official source →