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Punishment in Australia

Punishment in Australia arises when an individual has been accused or convicted of breaking the law through the Australian criminal justice system. Australia uses prisons, as well as community corrections. When awaiting trial, prisoners may be kept in specialised remand centres or within other prisons.

History
Traditional Indigenous punishments Prior to the arrival of Europeans, the Indigenous people of Australia - Aboriginals and Torres Strait Islanders - had their own traditional punishments which they carried out on people who broke tribal customary law. has no prisons at all in the 21st century. When Glenn McNeill was sentenced in 2007 to 24 years in prison for murder on Norfolk Island, the absence of prisons meant he was imprisoned in NSW. Convicts in the 19th century were subject to forced hard labour, such as quarrying sandstone. William Ulthorne, an English Catholic Bishop described convict labourers in the 1830s: “They are fettered with heavy chains, harassed with heavy work, and fed on salt meat and coarse bread, [...] Their faces are awful to behold, and their existence one of desperation.” Additionally, there was the punishment of young children. John Hudson was reportedly only nine years old when sentenced for burglary and 13 when transported to Australia. He was one of 34 children on the First Fleet in 1788. Capital punishment in Australia On 3 February 1967 Ronald Ryan was the last individual to be executed in Australia after he killed a prison officer whilst attempting to escape Pentridge Prison. A few years later the Federal Parliament passed the Death Penalty Abolition Act 1973, abolishing the death penalty amongst federal law however not prohibiting its use in state or territory law. The various states and territories all formally legally abolished capital punishment in their laws, with the first being Queensland in 1922 and the last being New South Wales in 1985. The Second Optional Protocol to the ICCPR was created as an accompaniment to the ICCPR and altered Article 6 to ensure the abolishment of the death penalty in all cases worldwide. In Australia the second optional protocol to the ICCPR has been signed and ratified into domestic law. This is seen through the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010. The act fully abolished the death penalty and effectively ensured no state or territory is able to reintroduce it. The last men flogged in Australia were William John O'Meally and John Henry Taylor, at Pentridge Prison, Victoria on 1 April 1958 (technically William was flogged second, and so was the last). Corporal punishment of school children is legally banned in public schools nationwide, but remains legal in private schools in Queensland. ==Adult imprisonment==
Adult imprisonment
Each state and territory runs its own department to oversee correctional services; for example the South Australian Department for Correctional Services is responsible for prisoners and the provision of the rehabilitation opportunities in South Australia. Number of prisoners In June 2022, there were 40,591 people imprisoned in Australia, and an incarceration rate of 201 prisoners per 100,000 adult population. Males In 2017 males made up 91.9% of prisoners, Until amendments to legislation were introduced in 2020, many women in Western Australia were imprisoned for non-payment of fines. The amendments were partly the result of recommendations of the coronial inquest into the death of Ms Dhu, who died in police custody. In 2021 the female imprisoned population in Australia was 7.7% of the total adults who are incarcerated. The percentage of the total female prison population rose from 7.2% of the population in 2000 to 12.8% in 2021 (from 1,385 to 3,302 per 100,000), based on the national population (with these figures approximately doubling if based on the national female population). Debbie Kilroy, founder of Sisters Inside, is a well-known advocate for prison reform for female prisoners, who has noted several ways in which the current criminal justice system has failed in its mission to punish and rehabilitate women. Indigenous Australians From 2008 to 2017 there was an increase in the rate of Indigenous people imprisoned, from 1.8% of the Aboriginal and Torres Strait Islander population to 2.43%. In 2017, Indigenous people were over 15 times more likely than non-Indigenous people to be imprisoned. As of June 2022, the total Aboriginal and Torres Strait Islander population in Australia aged 18 years and over was approximately 2%, while Indigenous prisoners accounted for 32 percent of the adult prison population. , 40 per cent of women in prison in the state of New South Wales are Indigenous women. The report listed 13 recommendations, covering many aspects of the legal framework and police and justice procedures, including that fine default should not result in the imprisonment. Various programs in New South Wales have been having a positive effect on keeping Indigenous people out of prison. In Bourke, a project called Maranguka Justice Reinvestment has police officers meeting with local Indigenous leaders each day, helping to identify at-risk youth, and includes giving free driving lessons to young people. There have been reductions in domestic violence and juvenile offending (such as driving without a license), and an increase in school retention. Project Walwaay in Dubbo sees an Aboriginal youth team help to build relationships and engage young people in activities on a Friday night, which is now the second lowest day of crime, compared with being the busiest day before. The activities are also a pathway to the Indigenous Police Recruitment Delivery Our Way (IPROWD), an 18-week program run through TAFE NSW, which encourages young people to become police officers. This was first run in Dubbo in 2008 and has now been expanded to other locations across the state. Since 2021, yarning circles have been introduced in men's and women's prisons across NSW, starting with Broken Hill Correctional Centre, in a bid to connect Indigenous inmates with their culture, and reduce reoffending and the high rates of incarceration of Aboriginal and Torres Strait Islander people. State and territory prison populations According to the Australian Bureau of Statistics, as of June 2022, the number of adult prisoners according to each state and territory were as follows: State and territory incarceration rates As of June 2022, the Northern Territory had by the country's highest incarceration rate at 1,027 per 100,000 adult population, which is over five times the incarceration rate of the country overall and an increase from 2017, when the territory's incarceration rate was 878 per 100,000. With the exception of the Northern Territory and Queensland, all other states and territories saw a decrease in incarceration rate over the same time period. The incarceration rate differed depending on country of birth. People born in Australia, New Zealand, Vietnam, Lebanon, Iran, Iraq, Somalia, Sudan, South Sudan, Samoa, Afghanistan and Tonga all had incarceration rates higher than the national average. Meanwhile people born in China, Hong Kong, India, Sri Lanka, Philippines, South Africa, United States, United Kingdom, Canada, Italy, Turkey, Greece, Germany, Taiwan, South Korea and Fiji had incarceration rates lower than the national average. However, these rates are not age-standardised, meaning they do not account for the fact that different groups tend to be younger or older on average. This matters, because teenagers and young adults are much more likely to commit crime than older adults. For instance the Sudanese-born population tends to be much younger on average, and this can help to explain their over-representation in the prison population. Life imprisonment in Australia In Australia, life imprisonment is of indeterminate length. The sentencing judge usually sets a non-parole period after which the prisoner can apply for release under parole conditions, or in the case of a criminal who has committed particularly heinous crimes, the sentencing judge may order that the person is "never to be released". ==Prisons==
Prisons
High-security prisons For extremely high-risk offenders, Australia operates several supermax prisons. Private prisons ;History and statistics In 2018, 18.4% of prisoners in Australia were held in private prisons. On 2 January 1990, Borallon Correctional Centre opened as the first private prison in Australia, located in Queensland. Borallon was managed by the Corrections Company of Australia (which was owned by John Holland Group, Wormald International and Corrections Corporation of America). In 2007 Serco won the bid to take over the prison. In 2016 it reopened as a government-operated prison. In 1992, the Arthur Gorrie Correctional Centre opened, as the second private prison in Queensland, managed by GEO Group Australia. ;Arguments for and against A 2016 article by Anastasia Glushko (a former worker in the private prison sector) argues in favour of privately operated prisons in Australia. According to Glushko, private prisons in Australia have decreased the costs of holding prisoners and increased positive relationships between inmates and correctional workers. Outsourcing prison services to private companies has allowed for costs to be cut in half. Compared with $270 a day in a government-run West Australian jail, each prisoner in the privately operated Acacia facility near Perth costs the taxpayer $182. Glushko also says that positive prisoner treatment was observed during privatisation in Australia by including more respectful attitudes to prisoners and mentoring schemes, increased out-of-cell time and more purposeful activities. As Australia’s prison population has grown and existing facilities have aged, public-private partnerships have provided opportunities to build new correctional centers while enabling governments to defer much needed cash flow. Glushko points out that at Ravenhall Prison in Victoria, the operator is compensated on the basis of the recidivism rate, and this strategy may make the operator more concerned about the wellbeing of its inmates after prison which in return would benefit the entire Australian correctional system. Conversely, a 2016 report from the University of Sydney found that in general, all states of Australia lacked a comprehensive approach to hold private prisons accountable to the government. The authors said that of all the states, Western Australia had the "most developed regulatory approach" to private prison accountability, as they had learnt from the examples in Queensland and Victoria. Western Australia provided much information about the running of private prisons in the state to the public, making it easier to assess performance. However the authors note that in spite of this, overall it is difficult to compare the performance and costs of private and public prisons as they often house different kinds and numbers of prisoners, in different states with different regulations. They note that Acacia Prison, sometimes held up as an example of how private prisons can be well run, cannot serve as a general example of prison privatisation. Additionally, community corrections orders have been argued to be cheaper and equally as effective as public or private incarceration. See the section on community corrections for more details. ;List of private prisons in Australia ;Former private prisons • Borallon Correctional Centre - Australia's first private prison, currently a government operated prison. • Arthur Gorrie Correctional Centre - Management transitioned to Queensland Corrective Services in 2020. • Southern Queensland Correctional Centre - Private management contract with Serco was revoked as a result of higher levels of assaults, with Queensland Corrective Services taking over control in July 2021. Cost of prisons in Australia In 2016-17, Australia spent on prisons. ==Youth imprisonment==
Youth imprisonment
The age of criminal responsibility in Australia is 10 years old, meaning children under 10 cannot be charged with a crime. In 2018, law experts called for the age to be raised to 16 and the various Attorneys General decided to investigate the matter. Calls to increase the minimum age have increased in recent years. Doctors, lawyers, and a range of experts have called for the minimum age to be raised to 14. Among other bodies, the Australian Human Rights Commission has submitted a report to the Council of Attorneys-General Age of Criminal Responsibility Working Group. In August 2020, the Legislative Assembly of the ACT passed a motion that indicated in-principle support for increasing the age of criminal responsibility to 14 in line with UN standards, a move welcomed by Indigenous advocates. In November 2023, the Legislative Assembly passed the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023, which raised the age of criminal responsibility to twelve years of age as of the 22nd of that month, and fourteen as of 1 July 2025. Statistics According to a 2018 SBS article, around 600 children under 14 are locked up in Australian prisons each year. From June 2015 to 2019, the Northern Territory had the highest rate of young people in detention on an average night. In 2022, a Tasmanian Government inquiry revealed that 55 workers at Ashley Youth Detention Centre had been accused of child sex abuse by former child detainees. One former worker was accused of abusing 11 children over the course of 3 decades. Another former staff member was accused of using sexual violence and intimidation, including forced masturbation, against 26 former child detainees. The alleged crimes span from recent years back to the 1970s. In September 2021, it was announced that Ashley Youth Detention Centre would close within three years, and be replaced by two new facilities. ==Deaths in custody==
Deaths in custody
In 2013-2015, there were 149 deaths in custody in Australia, the majority occurred in prison while a minority occurred in police custody. The majority of prisoners who died in prison and police custody were male, over 40 years of age and non-Indigenous. For deaths in immigration detention, see the section on immigration detention facilities. Aboriginal and Torres Strait Islander deaths Indigenous Australians are highly over-represented among deaths in custody, they were only 3.2% of the general population in 2021. This led the government to establish a Royal Commission into Aboriginal Deaths in Custody in 1987, which delivered its report in 1991. However, in general there has been a lack of action on reports into deaths, including a failure to implement the recommendations of the 1987 royal commission, and Indigenous deaths in custody remain disproportionately high as a proportion of the general population. From 2008 to 2018, 56% of Indigenous people who died in custody had not been found guilty. They were on remand, died while fleeing police or during arrest, or were in protective custody. A majority were suspected of non-indictable offences, which typically carry sentences of less than five years. Police custody deaths Of the 34 deaths that occurred in police custody in 2013-2015, 50% resulted from gunshot wounds. Of those, 13 were police shootings while 4 were self-inflicted. From 1989-1991 until now, people aged 25–39 have been overall the most represented group in police deaths, followed by people aged under 25, then 40-54 year olds, then people aged 55+. However, as noted above, in 2013-2015 the majority of deaths were people aged over 40. Furthermore from 1989-1990 to 2014-2015, the overall most common situation for deaths in police custody to occur, was during a motor vehicle pursuit. Prison deaths by state/territory: Deaths in immigration detention From 2000 to 2018 there have been dozens of deaths in immigration detention, many from suicide. Additionally, some people have died after being released, for reasons connected with being detained. ==Prison labour==
Prison labour
Prisoners in Australia are expected to work while in custody. Inmates typically earn between $0.80 and $3.00 per hour. ;Victoria In Victoria prisoners fabricate metal and make timber products. ;Queensland In Queensland inmates make tents, chairs, coffee tables, doonas and doors. ;New South Wales In New South Wales, prisoner work is organised by Corrective Service Industries (CSI), an arm of the state justice department. Prisoners sew national and state flags and ambulance flags, and paint boomerangs. CSI said in 2017 that 84.9% of NSW inmates who can work, do so. In 2017, NSW prisoners were paid from $24.60 to $70.55 for a 30-hour work week. This is about $0.82 to $2.35 per hour, compared to the Australian minimum wage of $17.70 per hour. CSI made $113 million revenue and $46.6 million profit in 2016. CSI said that prison work helped prisoners pass time, and that 1% of their sales went to the Victims Compensation Levy (a government compensation fund for crime victims). ;Northern Territory In the Northern Territory, prison labour is overseen by Northern Territory Correctional Industries (NTCI) and their advisory panel. In 2015, NTCI made $20 revenue and $2 million profit. In 2016, concerns were raised that prison labour in the NT was competing unfairly with private businesses and taking jobs away from free people. NT lawmaker Robyn Lambley said "we have been told numerous times that the products that are made by NTCI are sold at a competitive price in the open market. But you're not paying all the overheads of employing people; you're not paying superannuation, you're not paying insurance, you're not paying payroll tax, you're not paying all those expenses associated with employing someone and that is a big saving." The NT Corrections Commissioner Mark Payne denied that prison labour is competing with local businesses, and that if they think they are competing, they stop doing that work. ==Non-prison punishments==
Non-prison punishments
Community corrections Community corrections is the term used for various punishments and court orders in Australia that do not involve prison time. Types of community corrections include: (Australia allows people to legally register as X/third gender on some identity documents). In June 2013 there were 57,354 people in community corrections. Additionally, a June 2018 report from the Australian Institute of Criminology also found that in the short term, for a certain kind of prisoner (comprising roughly 15% of prisoners in Victoria), dealing with them via community corrections orders had similar outcomes to prison but was 9 times cheaper. Other non-prison punishments These include: • Monetary fines • Confiscation of property (eg: impounding cars used in offences, confiscating contraband) etc. • Apprehended violence order (a type of injunction or restraining order) ==Former prisons==
Former prisons
Prison museums Former Australian prisons which are now open to the public as museums. • Old Dubbo GaolBoggo Road GaolFremantle PrisonFannie Bay GaolGladstone GaolJ WardHM Prison GeelongAdelaide GaolMount Gambier GaolRedruth GaolMaitland GaolWentworth GaolOld Melbourne GaolHM Prison Beechworth Other former prisonsHM Prison FairleaHM Prison GeelongHM Prison SaleHM Prison Morwell RiverHM Prison Pentridge ==Cultural depictions==
Cultural depictions
Many films and television shows have depicted the punishment of early convicts and bushrangers in Australia. ;Television • Prisoner was a soap opera which ran from 1979 until 1986 and depicted life in a fictional women's prison in Australia. • Wentworth is a drama that started broadcasting in 2013. It is a contemporary re-imagining of Prisoner. • Underbelly is a drama series which depicts the lives of Australian criminals, including many prison scenes. ;Film • Stir is a 1980 prison film written by former prisoner Bob Jewson, based on his own experiences. • Ghosts of the Civil Dead is a 1988 drama film set in a fictional Australian prison in the desert. • The Hard Word is a 2002 heist film partly set in an Australian prison. ==See also==
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