What is the Children’s Court of Victoria?
It is a specialist court built around young people, not a smaller version of an adult court. The Children’s Court of Victoria has two main divisions: a Family Division dealing with child protection, and a Criminal Division dealing with young people charged with offences, as the Department of Justice and Community Safety explains.
This guide focuses on the Criminal Division, because that is where a parent finds themselves when their child has been charged. The Children’s Court of Victoria is designed to take account of a young person’s development and future, which shapes everything about how it works.
The Criminal Division and the age of your child
The Criminal Division deals with offending that occurred while the young person was under 18. Crucially, the minimum age of criminal responsibility in Victoria has changed. It is now 12, having been raised from 10 in 2025 under the Youth Justice Act 2024, which means a child under 12 cannot be charged with a criminal offence at all. This is a significant reform, and it means the very youngest children are now dealt with outside the criminal system entirely.
Age is assessed at the time of the offending, not the hearing, so a young person can still be dealt with in the Children’s Court even if they turn 18 while the matter is being finalised. Victoria also runs a dual track system that allows some young adults aged 18 to 20 to serve a custodial sentence in a youth justice centre rather than an adult prison where the court considers they have real prospects of rehabilitation.
The thread running through all of it is that the law treats young people as different from adults, recognising that they are still developing and more capable of change.
Doli incapax: children aged 12 and 13
For the youngest children who can be charged, there is an added protection. A child aged 12 or 13 is presumed not to be criminally responsible under a principle called doli incapax, and the prosecution has to rebut that presumption by proving the child knew that what they did was seriously wrong, not merely naughty or mischievous. If the prosecution cannot establish that, the child is not criminally responsible. This is a genuine and important safeguard for younger children, and it is one of the first things a lawyer will consider in a matter involving a 12 or 13 year old.
The presumption is a real hurdle for the prosecution, not a formality. It generally has to be proved with evidence about the particular child, not assumed from the seriousness of the act, so things like the child’s age, maturity, background, and what they said or did around the time can all matter. The younger the child, the harder it is for the prosecution to displace the presumption. For a parent, the practical point is that a 12 or 13 year old should never be treated as automatically guilty just because something happened, because the law starts from the opposite assumption and puts the onus on the prosecution.
How is the Children’s Court different from an adult court?
Its whole orientation is different, and understanding that helps parents make sense of what they see. The guiding idea, under the Children, Youth and Families Act 2005 (Vic), is that the developmental needs of children and young people must always be considered, which is why the Department of Justice describes the court’s focus as rehabilitation rather than punishment. The court is looking at how to help a young person get back on track, not simply how to penalise them, and that influences both the process and the outcomes.
Closed court and privacy
Privacy is central. Hearings in the Children’s Court are generally closed to the public, so it is not like an open adult courtroom, and there are strict restrictions on publishing anything that identifies a child involved in proceedings. This protection exists so that a young person’s mistake does not follow them publicly for the rest of their life, and it is a deliberate part of how the youth justice system tries to give children a second chance. For parents, it also means the matter is handled far more privately than they might fear.
The way records are treated reflects the same thinking. The youth system is designed so that childhood offending does not automatically shadow a person into adulthood, and the privacy protections around the court are part of that. This is another reason getting the outcome right matters, because the difference between a diversion or a non-conviction outcome and a more serious result can shape how far, if at all, the matter follows your child later. A lawyer who understands these consequences can steer toward outcomes that keep your child’s future as open as possible.
What happens when a child is charged?
The process is more contained than an adult prosecution, though the basic shape is familiar. After a charge, the matter is listed in the Children’s Court, where your child, with legal advice, decides whether to admit the offence or contest it. Many matters are resolved without a full contest, sometimes through diversion or other rehabilitative pathways, and the court actively looks for options that address the offending without a heavy penalty. Most matters stay in the Children’s Court and are dealt with there, which keeps them within the more protective youth system.
The youth system also has tools an adult court does not. Diversion can allow a young person to avoid a finding of guilt by completing conditions aimed at addressing their behaviour, and a group conference can bring the young person, their family, and others together to work through the offending and its impact. Bail for young people is approached with their circumstances in mind as well. These pathways reflect the same underlying goal, which is to hold a child accountable in a way that helps them change course rather than simply marking them with a conviction, and a good lawyer will actively look for the option that best fits your child.
When a matter can go to a higher court
There are limits to what the Children’s Court handles. The most serious offences, such as certain homicide matters, can be committed to a higher court rather than being finalised in the Children’s Court, because their gravity takes them beyond the summary youth jurisdiction. These are the exception rather than the rule, and the vast majority of youth matters remain in the Children’s Court, but where a very serious charge is involved it is one of the first things to get advice about, because the stakes and the process change significantly.
What sentencing options does the court have?
A ladder of options, weighted toward the least restrictive outcome that fits. Because the Children, Youth and Families Act 2005 (Vic) emphasises a young person’s development, the court has a range of outcomes designed to hold a child accountable while supporting rehabilitation. These run from dismissing a matter or a good behaviour outcome, through accountability and supervision options in the community such as probation and supervision or attendance orders, up to detention in a youth justice centre, which is treated as a genuine last resort for the most serious cases. The emphasis at every step is on keeping a young person out of custody where that can safely be done, which is very different from the adult system’s approach.
What a court actually chooses depends heavily on the individual young person, which is where a parent and a lawyer can make a real difference. Evidence that a child is addressing the causes of their behaviour, whether that is returning to school, getting counselling, or dealing with a drug or mental health issue, speaks directly to the rehabilitation the court is looking for. A young person who arrives at sentencing with genuine steps already taken is in a very different position from one who does not, and much of the value of early legal advice lies in setting that up. The outcome is rarely just about the offence, it is about where the young person is heading.
What is a parent’s role?
A significant one, both practically and in how the court views the young person. Parents are generally expected to be involved and to attend, and the family’s support is something the court takes into account, because a stable, engaged home is directly relevant to a young person’s prospects of rehabilitation.
Beyond attending, your most important job is usually making sure your child has proper legal representation and support around them, and staying calm and constructive through a process that is stressful for the whole family.
Getting your child a lawyer
This is the single most useful thing you can do. Children are usually eligible for legal aid, and Victoria Legal Aid provides help for young people in criminal matters, including duty lawyers at court.
Early, proper representation matters enormously in the Children’s Court, because a lawyer can raise doli incapax where it applies, pursue diversion, present the young person’s circumstances, and steer the matter toward a rehabilitative outcome. A child should not face the Children’s Court without a lawyer, and as a parent, arranging that is one of the most valuable steps you can take.
So what should you do if your child has been charged?
Get advice quickly, make sure your child is represented, and approach the process as what it is designed to be, a chance to address the offending and move forward. The Children’s Court is built around your child’s future, the age of criminal responsibility and doli incapax give real protections to younger children, and the outcomes are weighted toward rehabilitation. If your child has been charged, get your child legal advice as early as possible, so the right protections are raised and the matter is guided toward the best outcome for your child.
