AUSTRALIA

GROUP13
CAYAPES, JOLINA C. LEA 4

EWITAN, NOVILYN SECTION-5

TABAO-EC, JOANABEL P.

POLICE HISTORY

November 29, 1917- Introduce military conscription.

1927- Was formed agencies was the Commonwealth Police (Federal Capital Territory) after
Federal Parliament was installed in Canberra.

1960- The creation of third Commonwealth Police by combining the Commonwealth

Investigation Service and the Peace Order Guard.

1970’s- Federally-funded law enforcement agencies.

1975-Dismissal of the Whitlam Government.

1978- Bombing of the Hilton Hotel in Sydney during the Commonwealth Heads of Government
Regional Meeting revived the idea of a single federal law enforcement agency and led directly
to amalgamation of the Commonwealth Police.

October 19,1979- AFP began operations federal policing in Australia.

SIX FEDERATED STATES OF AUSTRALIA

1. New South Wales
2. Queensland
3. South Australia
4. Tasmania
5. Victoria
6. Western Australia
A. LEGAL TRADITIONS
A. Indigenous customary law
 Indigenous peoples of Australia comprise two groups with very different histories,
ethnicities and customs: Aboriginal peoples and Torres Strait Islanders
 Indigenous customary law is not uniform across Australia, and systems differ greatly
between language groups, clans, and regions.
B. Common Law
 This is judge-made law where courts interpret the law and decide cases based on how
similar cases have been decided in the past and apply those decisions to the
circumstances of the case they are currently deciding.
C. Constitution Law
 Influenced by constitutional systems of the UK, the United States, and Switzerland.
 Is the fundamental law that governs the political structure of Australia.
 It is a written constitution, that establishes the country as a federation under
a constitutional monarchy governed with a parliamentary system.
D. Statute Law
 In Australia, statute law, crafted by parliament, is the highest form of law that applies
to all citizens. Statute law is necessary for ensuring people abide by the rules.
E. International Law
  Australia is committed to the peaceful resolution of international disputes including
through the work of the International Court of Justice, the UN’s principal judicial organ.

B. CRIME ISSUES

MOST COMMON CRIMES IN AUSTRALIA

1. Murder
It is the most serious crime in Australia. It comes with a life sentence, plus any
time served before being sentenced for the offence. In some cases, the judge can
decide to impose a non-parole period. This is called an indeterminate sentence. The
maximum term a person can serve is life imprisonment. In 36% of the incidents, there
was an argument or personal dispute.
2. Assault
Assault is one of the most common crimes in Australia. In 2011-12, there were
more than 1.4 million assaults reported by victims in NSW alone. Almost one in ten
victims were children under 18 years old, and almost two-thirds were male. Three out
of four victims were attacked by someone they knew. The most common victims were
men aged between 15 and 34 years old (26 per cent), followed by women aged 25 and
34 years old (21 per cent). Victims who were older than 65 years accounted for 10 per
cent of assault incidents reported to the police. It can arise out of a physical fight, a
heated verbal argument or even a verbal threat from someone.
3. Sexual Assault
Rape is the most common sexual offense committed against women. The 2016
PSS found that half (50%, or 321,000) of women believed that alcohol or another
substance contributed to their most recent incident of sexual assault perpetrated by a
male, with either the respondent, perpetrator or both affected. Similarly, the Drug Use
Monitoring in Australia Program (DUMA) conducted by the AIC found that men detained
by police for sexual assault felt their use of illicit drugs and/or alcohol contributed to the
offence.
4. Theft
Thefts relating to personal property are surprisingly high. These kinds of crimes
are called larcenies and include shoplifting, carjacking and pickpocketing. A significant
proportion of Australians are security conscious. Moreover, in South Australia,
approximately 22 percent of respondents to a survey about theft stated they’d
had packages stolen from outside their front doors.
5. Drug Offenses
Australia's illegal drug trade is estimated to be worth $11.3 billion per year. The
street value for methamphetamine and cocaine in Australia was among the highest in
the world. They are often committed by people with significant mental health issues,
drug addiction and/or criminal histories.
Despite the severity of these offences, they do not always result in custodial
sentences. They can be dealt with through diversion programs such as Drug Courts,
which have been established in several states and territories to provide treatment rather
than punishment for people charged with a drug offence.
6. Road Traffic Offenses
Road traffic offences such as speeding, drunk driving, failing to keep a vehicle off
the road are among the most common crimes in Australia. If you’re convicted of one of
these, you’ll lose your license for some time and pay a hefty fine. Failing to display your
registration plate and operating a vehicle without insurance or with fake insurance is
also on the list of illegal acts.
7. Gun Crimes
 Gun crimes have also been on the rise in Australia. There have been lots of
shootings, armed robbery, assault and threats by use of guns. There are at least 3.5
million guns of all types ¾ registered, unregistered, licensed and unlicensed, in the
hands of private citizens¾ in Australia. More than one-quarter of all Australia
households possess a gun. Queensland and Tasmania have the highest percentage of
armed households.
How are crimes categorized?
In Australia, offences are categorized into two main categories: Summary offences and
indictable offences. Summary Offences are minor criminal acts punishable by fines or
imprisonment for a maximum of 12 months or both. Indictable Offences are more serious
criminal acts that may be tried by a jury or magistrate’s court, depending on their severity.

Which part of the country suffers the most from crime?

 New South Wales (NSW) suffers more crime than any other state or territory across
most offence types, according to data released by the Australian Bureau of Statistics
(ABS).

C. CRIME RATE

Australia crime rate & statistics for 2021 was 0.74, a 13.51% decline from 2020.

Australia crime rate & statistics for 2020 was 0.86, a 2.98% decline from 2019.

Australia crime rate & statistics for 2019 was 0.89, a 0.29% increase from 2018.

Australia crime rate & statistics for 2018 was 0.88, a 4.59% increase from 2017.

D. CRIME POLICING
Major criminal justice agencies, personnel, and agency functions in Australia
 Police (Police officers)
 Investigate crime
 Prevent crime
 Arrest and detain suspects
 Maintain public order
 Control traffic
 Respond to criminal and non-criminal emergencies

 Prosecution (Prosecutors)
 Filter out weak cases, keep strong cases
 Prepare cases for prosecution
 Prosecute cases in Youth/Children’s Courts, Magistrates Courts, District Courts, and
Supreme Courts, including preparing cases for trial

 Courts (Justices of the peace, magistrates, and judges)

 Decide on bail and remands (whether there is to be detention or not in the pre-trial
period) Protect the rights of the defendant
 Preside over the trial and plea process
 Decide on guilt (magistrate, judge, or jury)
 Sentence the defendant
 Hear appeals against conviction and sentence
 Provide public arena so that justice “can be seen” to be done

 Community corrections (Community corrections officers)

 Provide information to the court on a defendant’s appropriateness for bail or probation
 Prepare pre-sentence reports
 Work with offenders with probationary orders or community service orders
 Supervise released prisoners or pre-release work with persons in custody

 Prisons (Corrections officers)

 Hold people on remand (in custody in pre-trial period)
 Hold people who are sentenced to a term of imprisonment
 Maintain appropriate conditions for those in custody
 Provide activities (such as rehabilitation programs) that encourage learning and life
skills
 Prepare inmates for release
Other key organizations and factors Victim support groups: counsel and assist victims at all
stages of the criminal process, from arrest of the perpetrator, through bail applications,
sentence and post sentence
Defence lawyers: provide advice to and advocate on behalf of suspects, accused persons, and
sentenced individuals at all stages of the criminal process.
*In Australia, prosecution is carried out by the police in some courts such as the Youth or
Children’s Courts and some Magistrates Courts in non-metropolitan areas. Prosecution is
carried out by the officers of the Director of Public Prosecutions in Magistrates Courts, District
Courts and Supreme Courts.
Victims and Sentencing
 After conviction and at sentencing, the prosecution role is to assist the court in making
submissions on any aggravating factors (mitigating factors will be highlighted by defence
counsel) and on statutory provisions such as sentence guidelines.

The prosecution also has a role at sentencing in making an application for a reparation
order (also called a compensation order) and facilitating the submission of a Victim Impact
Statement. The prosecution's application for a reparation order will document the losses the
victim incurred from an offence, with the aim of the defendant being required to make good
on these losses.
Victims of violent offences may also be eligible to apply for money from state-administered
schemes for criminal injuries compensation or financial assistance.
Appeals
Any person who believes that they have been unfairly convicted or given a sentence
they consider to be excessive can appeal their conviction and/or sentence. Tasmania is the
only State where the prosecution can appeal an acquittal. All appeals are heard in the Court of
Criminal Appeal (in each State) and, ultimately, the High Court (if there is a further appeal).
Located in Canberra, the High Court is the highest court in Australia. Most of the High Court's
work involves hearing appeals from the courts of the different States and Territories, which
have worked their way up through the hierarchy of courts, sometimes (albeit rarely) all the
way from a magistrate's decision.
E. Government Of Australia
The three levels of government of Australia

FEDERAL GOVERNMENT STATE AND TERRITORY LOCAL COUNCILS

GOVERNMENTS
*Responsible for issues that *Responsible for issues that affect *Responsible for issues
affect all Australians (national people in that state or territory that affect local
issues) communities

 The Australian Government, also known as the Commonwealth Government, is

the national government of the Commonwealth of Australia, a federal parliamentary
constitutional monarchy.
Australia is a constitutional monarchy.
 This means that it has a king or queen, but the monarch shares power with the
government based on a constitution.
 The head of the commonwealth is the British monarch, currently King Charles III,
known as the head of state. The monarch lives in Great Britain and is usually not in
Australia. Therefore, the monarch is represented by a governor-general, who is
appointed to the position.
Australia is also a parliamentary democracy.
 The people of Australia elect representatives to sit in parliament, where laws are made.
 The Constitution of Australia establishes the Federal Government by providing for the
Parliament, the Executive Government and the Judicature (more usually called the
Judiciary)—sometimes referred to as the ‘three arms of government’. Each arm has its
own powers and responsibilities. Each also has some power over the other two
branches. To ensure the government stays fair, no single arm has more authority than
another. This is known as the “separation of powers.”
The Three Branches of Government
1. PARLIAMENT
The Constitution gives the legislative power of the Commonwealth—the power to make laws—
to the Parliament. The Australian Parliament is modeled on both the British Parliament and the
United States Congress.
The Parliament is consisted of:
 The King, represented by the Governor-General
 Two Houses
The House of Representatives (lower house)
 Consists of 151 members, each elected using full preferential voting from single-
member electorates (also known as electoral divisions or seats).
 The House of Representatives has a maximum term of three years

The Senate
 Consists of 76 members: twelve for each state, and two for each of the self-
governing territories. Senators are elected using the proportional system .
 State Senate seats go up for re-election each three years (except in the case of a
double dissolution) as they serve six-year terms, all of the territory senators must face
the voters every three years.
 Sometimes called “the People’s House” or the “house of government.”

The names of these two chambers came from the United States Congress.
Any member can introduce a proposed law (known as a bill), but most bills are introduced by
the government. Both the House of Representatives and the Senate have to approve a bill in
order for it to become law. A bill may start in either house, but the majority are introduced in
the House of Representatives.
The largest state in terms of population is New South Wales and the smallest is Tasmania.
Members are elected by a system known as preferential voting. Preferential voting allows a
voter to number and rank all candidates for both houses of parliament according to their
preferences.
Functions of the parliament:
 The Parliament also authorizes the Executive Government (often simply called the
government or the Executive) to spend public money by agreeing to government
proposals for expenditure and taxation, scrutinizes the administrative actions of the
government and serves as a forum for the debate of public policy.
 Another function of the Parliament under the Australian system is to provide from its
membership the members of the Executive Government. After a general election the
political party (or coalition of parties) with the support of a majority of members in the
House of Representatives becomes the governing party and its leader becomes the
Prime Minister.

2. EXECUTIVE
The Constitution states that the executive power of the Commonwealth is vested in the Queen
and is exercisable by the Governor-General as the Queen’s representative. In reality, the
executive power is possessed by the Prime Minister and Cabinet (senior Ministers).
COMPOSITION OF THE MINISTRY:
A. Prime Minister- head of the government. The prime minister is the elected leader of the
majority party in government. He or she is officially appointed by the governor-general.
B. The Cabinet- consisting of senior Ministers presided over by the Prime Minister. It is the
government’s main decision-making group of the executive branch. Major policy and
 legislative proposals are decided by the Cabinet. The Prime Minister selects Ministers for
Cabinet positions. The cabinet’s role is to examine proposed laws, to discuss major national
issues, and to determine government policy.
C. Ministers-Ministers are selected by the Prime Minister. Legislation currently allows for up
to 30 Ministers. About 20 or so senior Ministers administer the major departments and are,
usually, members of Cabinet. Ministers are appointed from both Houses of Parliament,
although most (about two thirds) are Members of the House of Representatives.

D. Parliamentary Secretaries-Up to 12 Members and Senators are appointed by the Prime

Minister as Parliamentary Secretaries (also referred to as Assistant Ministers) to assist or
represent Ministers in their administrative responsibilities.

Federal Executive Council

The Federal Executive Council is a separate body. It consists of all the government
ministers and the governor-general. They receive the title ‘Honourable’. All decisions made by
the government need to be confirmed by the Federal Executive Council. It must ensure that
the decisions are legal according to the constitution.

3. JUDICIARY
The judiciary is the arm of the government that is responsible for interpreting laws under the
constitution.
High Court
 The highest of all courts in Australia.
 The final court of appeal
COMPOSITIONS:
Consists of seven judges (one as chief justice and six other members) appointed by the
governor-general on advice of the prime minister acting on the advice of the Prime Minister and
Cabinet.

The judiciary must remain independent from the other two branches of government. As such,
the High Court provides one of the most important checks on the power of the Australian
government. The High Court has the power to overrule the decisions of all lower courts and to
declare actions of the executive as unlawful.
Federal Circuit and Family Court of Australia
The Federal Circuit and Family Court is split into two divisions:

 Division 1 is the former Family Court of Australia and is a superior court of record for
dealing with family law matters. It contains 35 judges.
 Division 2 is the former Federal Circuit Court of Australia, and deals with the bulk of
family law matters prior to the establishment of the Court, as well as general federal
law matters such as migration, bankruptcy and admiralty. It contains 76 judges, 55 of
which are specialists in family law and the remainder experts in various areas of general
federal law and migration.
The Court operate under the leadership of one Chief Justice, supported by one Deputy Chief
Judge who hold a dual commission to both Divisions of the Court. A second Deputy Chief
Judge assists in the management of the general federal law and Fair Work jurisdictions of
Division 2.
State and local Government
 Under the federal system, the six states each have the power to make their own laws
over matters not controlled by the federal government.
  Each state has its own constitution and its own structure of legislature, executive, and
judiciary branches.
 Each state parliament, except Queensland, has two houses: a lower house called the
Legislative Assembly or House of Assembly and an upper house called the Legislative
Council. The parliament of Queensland has only the Legislative Assembly.
 The governments of the Northern Territory and the Australian Capital Territory are
arranged somewhat differently. These two territories are self-governing, which means
that they have the power to govern themselves. The territories receive funding directly
from the federal government.
 The Australian Capital Territory (ACT) does not have local governments because the
Legislative Assembly in this territory combines both state and local government
functions.
Premier-head of each state government
Monarch-represented by a governor
Chief Minister-the leader of a territory government
F. CONSTITUTION AND LAWS
Finding State Constitutions
Before federation, each of the six colonies had its own constitution. These constitutions
regulated, among other things, the Legislature, the Executive Government, and the Judiciary
of the States. The Australian Constitution expressly guarantees the continuing existence of the
States and preserves each of their constitutions. However, the States are bound by the
Australian Constitution, and the constitutions of the States must be read subject to the
Australian Constitution (ss 106 and 107).
In contrast to the Commonwealth Constitution, the State Constitutions are in general,
simply regular pieces of legislation that are subject to amendment or repeal by the State
Parliaments in the same way as other legislation. The State constitutions are the source of the
State parliaments' power to make legislation and are concerned with the structure and process
of the institutions of government: the legislature, executive and the judiciary.
The official versions of State Constitutions, as passed, as amended, point in time and
current compilations are available on the respective states' government legislation websites.
Finding Territory Constitutions
The position of the territories is different - they do not have constitutions as such. The
Northern Territory and Australian Capital Territory (ACT) were granted self-government by the
Commonwealth in 1978 and 1988 respectively with the passage of Commonwealth legislation.
These self-government laws are the source of the ACT and NT parliaments' law-making power
and are structured similarly to the State and Commonwealth constitutions, with chapters on
the functions of the Legislature, the Executive and the Judiciary. Territories can make laws for
any matter as long as it is not inconsistent with a Commonwealth law made under s 51 of the
Commonwealth Constitution.
Every legal system is unique and Australia’s legal system is no exception. It is a
combination of English common law and a U.S.-style constitutional framework developed due
to the federal nature of Australia. Like most countries, new laws are debated and enacted by
the legislature, which in Australia are the state, territory, and federal parliaments. The
executive, i.e. the public service, ensures that new laws are carried out. The judiciary is the
arm of the executive that interprets the laws and establishes whether someone has broken a
law and what penalties should be meted out.

G. POLICE
Badge of the Australian Federal Police

Flag of the Australian Federal Police

AUSTRALIAN POLICE UNIFORMS

Police Hierarchy in Australia
Police are always for the protection and welfare of people and to maintain law and
order in the country. Australian police hierarchy is quite similar to US police hierarchy, arranged
in a specific layout of ranks.
Normally all the states of Australia follow this specific hierarchy which is described in
this article. The general insignia of ranks of police ranks of Australia are portrayed on an
epaulette in italics and brackets. The Australian police hierarchy is described from the highest
rank to the lower one as below with a brief description of all the ranks:

 COMMISSIONED POLICE RANKS

Highest level in the Australian police hierarchy is commissioned police ranks. This level
is further sub categorized into five sub categories which are briefly explained as below:
Deputy Commissioner– The highest rank in Australian police hierarchy is deputy
commissioner. The insignia is denoted by two batons crossed below a pip. All the police ranks
report to this officer.
Assistant Commissioner– Subordinate to deputy commissioner is this rank, a high
commissioned police rank with an insignia of two crossed batons.
Commander – Mid level commissioned police rank. The personnel appointed on this rank are
responsible for overall supervision of security operations or any special police operations.
Superintendent– A lower level commissioned officer rank with an insignia of a crown over a
pip.
Inspector – The lowest rank in the commissioned officer ranks is of inspector rank with three
pips as insignia.

 NON- COMMISSIONED POLICE RANKS

The second highest level in Australian police hierarchy is non – commissioned police ranks.
This rank is further sub categorized which is described as below with a brief explanation:

Senior Non – Commissioned Police Ranks–Highest non – commissioned police rank and
further sub categorized as below:
Senior Sergeant – The top most rank among non – commissioned police officers in this
hierarchy with insignia of three chevrons, crown and surmounted by a laurel wreath.
Sergeant – A senior level non – commissioned police officer with an insignia of three
chevrons and subordinate to senior sergeant.
Junior Non – Commissioned Police Ranks – Subordinate to senior non – commissioned
police rank is junior non commissioned police ranks. This is basically a group of constabulary
ranks which comprises of all the officers at constable ranking. This rank is further sub
categorized in three sub divisions which are described as below with brief explanation:
Senior Constable–Subordinate to sergeant police rank with an insignia of two chevrons. This
rank is the highest rank in junior non – commissioned police ranks.
Constable – With an insignia of one chevron, a lower level non – commissioned police officer.
Probationary Constable – The lowest level non – commissioned police officer in the
Australian police hierarchy. Insignia denoted by a blank epaulette.
Recruit / Cadet
The lowest rank in the Australian police hierarchy is the students under training referred as
cadet or recruits. They are not provided with any insignia.

Australian Federal Police

 Primary federal law enforcement agency of Australia.
 Was formed on 19 October 1979 under the Australian Federal Police Act 1979 after the
merging of the former Commonwealth Police and the Australian Capital Territory Police.
 The AFP is responsible for policing federal crimes, such as drug trafficking, terrorism,
and cybercrime, while state and territory police forces are responsible for policing
crimes at the state and local levels.
 The AFP is Australia's international law enforcement and policing representative, and
the Australian Government's chief source of advice on policing issues.
 The Australian Federal Police section of the Australian High Commission Colombo works
closely with the Sri Lanka Police Service and the Maldives Police Service, and other Sri
Lankan and Maldives law enforcement agencies, engaging in bilateral law enforcement
cooperation.
 The AFP cooperates with other Australian Government departments domestically and
abroad to ensure a whole-of-government approach to fighting crime at its source.

The three key elements to the AFP's role internationally are:

• Collaboration – brokering collaboration with international law enforcement agencies to
drive investigations and support bilateral or multi-lateral cooperation
• Information gathering – collection and exchange of criminal intelligence in support of
international law enforcement efforts
• Capacity building – enhancing the capacity and the capability of international law
enforcement agencies to combat transnational crime.
QUALIFICATIONS: (MEN AND WOMEN)
 Australian citizenship or permanent residency
 Maximum age requirement(usually 18 yrs. old or above)
 No disqualifying criminal records
  Good physical and mental health
 Valid driver’s license
 High school diploma or equivalent (some states may not require a specific education
level, but it can be beneficial)
 Problem-solving and critical thinking abilities
 Ability to work independently and as a team
 Commitment to serving the community and upholding the law

Some police forces may also look for:

 Previous community service experience
 Tertiary qualifications(degrees or diplomas) in relevant fields like law,
criminology, or psychology
 Foreign language skills (depending on the location)
 Military service experience (can be considered valuable in some cases)

I. CORRECTION
There are various types of correctional facilities in Australia that cater to different categories of
offenders. These facilities are managed by individual states and territories, and they can be
broadly classified into two categories:
 PRISONS: These are highly-security facilities that house adult offenders sentenced to
lengthy imprisonment (usually more than two years). They provide a secure
environment for incarnation and focus on maintaining safety and order.

 COMMUNITY CORRECTIONAL CENTERS: These are lower-security facilities that

accommodate adult offenders serving shorter sentences (less than two years) or those
nearing the end of their longer sentences. They also house offenders on remand
awaiting trial) and parolees. These centers often have a greater focus on rehabilitation
and reintegration programs.

DIFFERENT TYPES OF CORRECTIONAL FACILITIES IN AUSTRALIA

FACILITY TYPE DESCRIPTION

PRISONS Highly-security facilities for adult

offenders sentenced to lengthy
imprisonment.

COMMUNITY CORRECTIONAL Lower-security facilities for adult

CENTERS offenders serving shorter sentences or
nearing the end of their sentences, as
well as offenders on remand and
parolees.

JUVENILE JUSTICE CENTERS Secure facilities for young offenders

(usually under 18).

OPEN PRISONS Lower-security facilities with a focus on

rehabilitation and reintegration, where
inmates have more freedom of
movement.

DETETION CENTERS Short-term holding facilities for people

 awaiting trial or sentencing.

DIFFERENT SECURITY FACILITIES

 MAXIMUM SECURITY PRISONS
 Designed to house the highest risk inmates, including those with violent
tendencies or escape risks.
 Features the most robust security measures with fortified structures, extensive
security protocols, and constant surveillance.
 Inmates typically opens a significant portion of their time on locked cells with
limited movement and interaction.

GOULBURN CORRECTIONAL CENTRE, NEW SOUTH WALES

CASUARIANA PRISON, WESTERN AUSTRALIA (maximum-security
male inmates and its known for its strict control measures)
BARWON PRISON,VICTORIA

 MEDIUM SECURITY PRISONS

 Accommodate a wider range of offenders, including those with violent histories
but considered manageable within a controlled environment.
 Offer a balance between security and rehabilitation programs. They may have
fenced perimeters, guards towers, and stricter movement restrictions compared
to minimum security facilities.

PARRAMATTA CORRECTIONAL CENTRE, NEW SOUTH WALES

ADELAIDE WOEN’S PRISON. SOUTH AUSTRALIA: (a medium-
security prison for females)
BOGGO ROAD CORRECTIONAL CENTRE, QUEENSLAND

 MINIMUM SECURITY PRISONS

 Intended for low-risk offenders, often those nearing the end of their sentences or
those convicted of non-violent crimes.
 Provide the least restrictive environment with dorm-style housing and more
freedom of movement for inmates.
 Focus on rehabilitation and reintegration programs to help inmates prepare for
release.

LOWBANK CORRECTIONAL CENTRE, SOUTH AUSTRALIA

(FOCUSED ON REGHABILITATION PROGRAS)
MAGELLAN CORRECTIONAL CENTRE, VICTORIA (focus on work
programs and rehabilitation)
KARNET PRISON FARM, WESTERN AUSTRALIA (for male
inmates)

 SUPERMAX PRISONS (SUPER-MAXIMUM SECURITY OR ADMINISTRATIVE MAXIMUM)

 Not a separate prison system in Australia but a designation for a small
number of inmates within maximum security prisons requiring the most
restrictive environment.
 These inmates are typically kept in solitary confinement for most of the day
due to the severe threat they pose to themselves, others, or the security of
the prison.
Youth Detention
In all states and territories of Australia, a young person who is found guilty of a criminal
offence may be sentenced to a term of detention. Detention is a penalty of last resort and
courts should only impose it when no other sentencing option is appropriate. This page deals
with the laws surrounding youth detention in different jurisdictions of Australia.
 Youth detention in Victoria
In Victoria, a young person may be sentenced to detention under the Children, Youth
and Families Act 2005.
Victoria has two Youth Justice Precincts, which are run by the Department of Justice.
The Children’s Court has the power to sentence a young person to a term of detention
of up to two years for a single offence.
A young person who is sentenced to six months or more in detention in Victoria may
apply for parole to the Youth Parole Board of Victoria.
 Youth detention in New South Wales
In New South Wales, a court may sentence a young person to detention. There are six
youth detention centres in New South Wales, and they are known as Youth Justice Centres.
The NSW Children’s Court has the power to sentence a young person to detention for
up to two years for a single offence.
A sentence of youth detention in New South Wales may include a non-parole period.
Under section 19 of the Children (Criminal Proceedings) Act 1987, New South Wales
courts may order that a person aged between 18 and 21 serve their sentence of imprisonment
as a juvenile under some circumstances.
 Queensland
In Queensland, a young person may be sentenced to detention under the Youth Justice
Act 1992. Queensland has two youth detention centres, the Brisbane Youth Detention Centre
in Wacol and the Cleveland Youth Detention Centre in Townsville.
Under section 208 of the Youth Justice Act 1992, detention must only be imposed when
it is the only appropriate sentence.
 Western Australia
In Western Australia, a young person who is found guilty of an offence may be
sentenced to detention under section 118 of the Young Offenders Act 1994.
A young person sentenced to detention may apply to the Supervised Release Review
Board for release under a supervised release order when they become eligible. If a young
person is sentenced to less than 12 months detention, they must serve at least half of the
sentence before they may be released under a supervised release order.
 South Australia
In South Australia, a young person who is found guilty of an offence may be sentenced
to detention under section 23 of the Young Offenders Act 1993. The South Australian Youth
Court has the power to impose a term of up to three years.
The term may include a non-parole period.
However, detention is not to be imposed unless:
 The young person is a repeat offender or a serious firearm offender; or
 The court is satisfied that a non-custodial sentence would be inadequate because of the
seriousness or circumstances of the offence or because it is part of a pattern of offending.
 Youth detention in the Northern Territory
The Youth Justice Court may impose a term of detention of up to 12 months for a
young person who is under 15 or up to two years for a young person over 15. When the Youth
Justice Court imposes a term of detention of more than 12 months that is not partly
suspended, it must set a non-parole period.
Types Of Penalties And Sentences
The type of penalty or sentence that the court may order depends on what offence an
offender have committed.

The court can give one of the following penalties:

 fine
 restitution
 good behaviour bond
 probation
 community service
 graffiti removal order, if you are charged with a graffiti offence
 banning order
 intensive corrections order
 suspended sentence
 jail sentence.