World Factbook of Criminal Justice Systems

World Factbook of Criminal Justice Systems

Australia

GENERAL OVERVIEW

1. Political system.

     The Commonwealth of Australia is a federalist

government composed of a national government and

six State governments. The government of the

Commonwealth is responsible for the enforcement of

its own laws. The most frequently prosecuted

Commonwealth offenses are those related to the

importation of drugs and the violation of social

security laws. Offenses against a person or

against property occurring in Commonwealth

facilities are also regarded as offenses against

the Commonwealth.

     The States are primarily responsible for the

development of criminal law. Queensland, Western

Australia, and Tasmania are described as "code"

States because they have enacted criminal codes

which define the limits of the criminal law. The

remaining three States, New South Wales, Victoria,

and South Australia are regarded as "common law'~

States because they have not attempted

codification. In practice, however, there is

little difference in the elements of the criminal

law between the "code" and "common law" States.

     Local governments can pass legislation, known

as bylaws. These generally include social nuisance

offenses as well as traffic and parking rules.

Local government officials or the State and

Territory police generally enforce the local

government bylaws. The maximum penalty that can be

imposed for conviction of a bylaw offense is a

monetary fine. However, non-payment of fines can

result in imprisonment.

2. Leqal system.

     The structure of the Australian legal system

is derived from, and still closely follows, that

of the United Kingdom. In addition to

parliament-made law, there is the "common law~

inherited from the English courts which has since

been developed and refined by Australian courts.

It should be noted, however, that since 1963

Australian courts have ceased to regard English

decisions as superior or even equal in authority

to those made by Australian courts. The legal

system is adversarial in nature and places a high

value on the presumption of innocence.

     Due to the federalist system of government,

there are nine separate legal systems in

operation. Although there are some significant

differences between these systems, they are

essentiallv similar in structure and operation.

3. History of the criminal justice system.

     For thousands of years Australia was

inhabited by an indigenous people, now known as

the Aborigines. In 1788, a British Penal Colony

was established in the southeast part of the

continent. Other settlements of European people

were subsequently established elsewhere, leading

to the creation of six independent British

colonies: New South Wales, Victoria, Queensland,

Western Australia, South Australia and Tasmania.

These colonies became a federation in 1901, to

eventually form the States of the Commonwealth of

Australia, although since then, the Northern

Territory and the Australian Capital Territory

have been granted self government.

     The Commonwealth of Australia has nine

separate parliaments or legislatures, most of

which have lower and upper houses. There are also

several hundred local government authorities,

known as councils or shires.

     The national or Commonwealth Government is

responsible for defense, foreign affairs, customs,

income tax, post and telegraphs. The State or

Territory Governments have primary responsibility

for health, education and criminal justice,

although the Commonwealth Government is also

influential in these areas. Local governments are

responsible for municipal functions such as town

planning and the provision of civic amenities.

     There exists a level of tension between the

governments at the State or Territory level and

the Government of the Commonwealth. This tension

is almost exclusively concerned with the issue of

the allocation of monies raised from income tax

and the appropriate distribution of power. Since

the 1970s, there has been a noticeable shift of

power toward the Commonwealth Government.

CRIME

1. Classification of crimes.

*Legal classification.  Crime is generally

defined as any conduct which is prohibited by law

and which may result in punishment. Crimes can be

classified as either felony, misdemeanor or minor

offenses, but more commonly they are classified as

indictable or not indictable offenses. Indictable

offenses are those which are heard by the superior

courts and may require a jury, whereas

non-indictable offenses, which comprise the vast

majority of court cases, are heard in magistrates

courts, where no juries are employed.

     While there are some classification

differences among the various jurisdictions, in

all jurisdictions indictable offenses generally

include homicide, robbery, serious sexual and

non-sexual assault, fraud, burglary and serious

theft. In some jurisdictions, such as South

Australia, there is a group of "minor indictable"

offenses which can be heard in the superior or

lower courts, according to the wish of the

accused.

     Criminal justice statistics are based on a

classification scheme which divides crimes into

offenses against the person, property

offenses and "other".

*Age of criminal responsibility. The minimum age

of criminal responsibility and the upper age limit

for hearings in juvenile courts varies among

Australian States and Territories.  The minimum

age of criminal responsibility, followed by the

maximum age limit for hearings in the juvenile

court in the various jurisdictions are as follows:

New South Wales: 10 and 17; Victoria: 8 and 16;

Queensland: 10 and 16; Western Australia: 7 and

17; South Australia: 10 and 17; Tasmania: 7 and

16; Northern Territory: 10 and 16; and the

Australian Capital Territory: 8 and 17.  The

minimum age of criminal responsibility in juvenile

courts is 7, while the minimum age to be tried in

an adult court is 16.

     In all jurisdictions, any child above the age

of criminal responsibility who is charged with

homicide can be tried in an adult court. In some

jurisdictions, juveniles may have their offenses

tried in adult courts for offenses such as rape

and treason.

*Drug offenses. Drug offenses constitute a major

focus of all Australian criminal justice systems.

The possession, use, sale, distribution,

importation, manufacturing or trafficking of a

wide range of drugs is illegal in all Australian

jurisdictions. Illegal drugs include: marijuana

(cannabis), heroin, designer drugs (ice,

ecstasy), amphetamines (speed, LSD) and cocaine

(including crack).

     While the possession or use of any of these

drugs is illegal, in some jurisdictions, notably

South Australia and the Australian Capital

Territory, marijuana has been partially

decriminalized. Its possession or use may result

in the imposition of a relatively small fine

without the need to appear in court.

2. Crime statistics.

     The following data has been compiled by the

Australian Institute of Criminology from

information contained in the annual reports of

Australian police forces for the year 1991-92.

*Murder.  Homicide includes murder, manslaughter

(not by driving) and infanticide. In 1991-1992,

there were 356 homicides reported to the police,

for a rate of 2.0 per 100,000 population.

Attempts are not included.

*Rape.  Rape is defined as unlawful sexual

intercourse with another person by force or

without the consent of the other person. In

1991-1992, there were 48,698 rapes reported to the

police, for a rate of 278.3 per 100,000

population.

*Theft.  Robbery is defined as the unlawful

removing or taking of property or attempted

removal or taking of property without consent by

force or threat of force immediately before or

after the event. In 1991-1992, there were 11,780

robbery offenses reported to the police, for a

rate of 67.3 per 100,000 population.

*Drug offenses.  Drug offenses include the

cultivation, manufacturing, importation,

trafficking, sale, possession and use of narcotic

or dangerous drugs. In 1991-1992, there were

86,470 drug offenses reported to the police, for a

rate of 494.1 per 100,000 population.

*Crime regions.  There is a clear link between

population density and the incidence of most types

of crime. Crime rates are higher in large cities

than in small towns or rural communities. This

pattern is found in all Australian jurisdictions

with the exception of the Northern Territory,

where nearly all crime rates are higher than the

Australian average. This is thought to be

associated with the high crime rates found in

Aboriginal communities. The Aborigines make up

22% of the total population in the Northern

Territory, whereas they comprise only 1.5% of the

entire Australian population.

VICTIMS

1. Groups most victimized by crime.

     A number of large victim surveys conducted in

Australia have consistently shown that most

victims do not report crimes to the police. The

main reasons that victims have cited for not

reporting are that they consider the offence to be

trivial or they believe the police either could

not or would not do anything about the crime

report. Such surveys have also found that victims

are more likely to be men than women, young than

old, unemployed and less well educated than the

Australian norm.

2. Victims' assistance agencies.

     There are a number of agencies that provide

crime victim assistance in all Australian

jurisdictions. These agencies include rape crisis

centers, women's shelters, safe houses and

voluntary organizations such as Victims of Crime

Assistance League (VOCAL) and Victims of Crime

Services (VOCS).

3. Role of victim in prosecution and sentencing.

     Crime victims do not play an active role in

the prosecution or sentencing of an offender in

any Australian jurisdiction.

4. Victims' rights legislation.

     South Australia has enacted a Victims of

Crime Charter, based on the United Nations

Charter. This charter provides for victim impact

statements to be prepared and used in certain

cases and for victims to be consulted at the

various stages in the criminal iustice process.

POLICE

1. Administration.

     Australia has one police force for each of

the six States and the Northern Territory. There

is also a Commonwealth agency known as the

Australian Federal Police which provides police

services for the Australian Capital Territory and

is also involved in preventing, detecting and

investigating crimes committed against the

Commonwealth. Thus, there are eight separate

police forces for the nation. There are, however,

a large number of other agencies which have

specific law enforcement functions, including

health inspectors, tax officials, and immigration

and customs officers.

     All Australian police forces have a

hierarchical organization. In the larger police

forces, the chief officer is known as the

Commissioner, except in Victoria, where he or she

is known as the Chief Commissioner. The larger

forces also have one or more Deputy Commissioners

and a number of Assistant Commissioners. Below

these ranks are Chief Superintendents,

Superintendents, Chief Inspectors and Inspectors.

Officers achieving the rank of Inspector or above

are known as commissioned officers. The remaining

ranks consist of Senior Sergeants, Sergeants,

Senior Constables and Constables.

     In the State and Northern Territory police

forces, the administration is divided into

geographical districts, which are themselves

divided into divisions and subdistricts. There

is also a movement towards increasing the autonomy

of regional police commanders in many Australian

police forces.

     The Commissioner of Police is directly

accountable to a Minister, but the Minister is

usually not permitted to influence the operation

and decisions of police commanders. An Australian

Police Ministers Council (APMC) meets at least

once a year and is supported by the Commissioners

in this context as the Senior Officers Group

(SOG). The APMC and SOG structures have attempted

to create a higher level of cooperation and

uniformity of police practices throughout

Australia.

     Australian police forces are not closely

associated with the military forces. Australian

military forces have no responsibility for the

maintenance of civil order. However, on very rare

occasions the military forces have been required

to provide assistance to the police. In the event

of a serious natural disaster, such as a flood or

bush fire, the military forces are asked to assist

the police and other civilian authorities.

2. Resources.

*Expenditures. The total police expenditure for

Australia in 1991- 1992 was approximately 2,743

million dollars with a per capita expenditure of

158.3 million dollars.  (The approximate

expenditure on each Australian police force for

the year 1991-92, followed by the per capita

expenditure in each jurisdiction is as follows (in

millions of dollars): New South Wales: 923.2 total

and 156.4 per capita; Victoria: 549.6 total and

124.1 per capita; Queensland: 442.9 total and

149.0 per capita; Western Australia: 242.3 total

and 145.4 per capita; South Australia: 261.8 total

and 179.7 per capita; Tasmania: 57.5 total and

124.9 per capita; Northern Territory: 54.9 total

and 345.8 per capita; and Australian Federal

Police: 211.2 total. The per capita expenditure

was not calculated for the Australian Federal

Police because while a significant part of this

police force is devoted to the Australian Capital

Territory, the remainder serves the whole of

Australia.)

*Number of police. The number of police

personnel for the year 1991-1992 is as follows:

New South Wales: 16,017; Victoria: 11,794;

Queensland: 6,271; Western Australia: 4,129; South

Australia: 5,749; Tasmania: 1,014; Northern

Territory: 224; and Australian Federal Police:

3,079.

3. Technology.

*Availability of police automobiles. Australian

police forces have a total of 9,662 motor

vehicles. These include sedans, station wagons,

panel vans, motorcycles, four-wheel drive

vehicles, prison vans, trucks, buses and utility

vehicles. The number of vehicles among the

various Australian police forces in 1991 are as

follows: New South Wales: 2,993; Victoria: 2,035;

Queensland: 1,297; Western Australia: 1,405; South

Australia: 1,079; Tasmania: 413; Northern

Territory: 268; and Australian Capital Territory:

172.

*Electronic equipment. All Australian police

forces have access to computer records, radio

communications and radar. Computer-aided dispatch

is available in metropolitan areas and some larger

rural areas, while in more isolated areas police

communications are limited to radio and

telephone.

*Weapons. All rank and file police officers are

issued .38 caliber revolvers. Special squads are

issued semi-automatic weapons. Bullet proof vests

are available in each police force, but they are

only issued to individual police officers in

particular emergencies.

4. Traininq and qualifications.

     Australian police recruits are required to

have completed their secondary education, although

it is not always essential to have been awarded a

qualification known as Higher School Certificate.

A university degree is not generally required of

police in Australia except for specialist posts.

University training is encouraged for all recruits

to the Australian Federal Police and increasingly

in other police forces.

     Recruits must undergo medical and

psychological tests and are evaluated on their

overall suitability, competence, physical fitness

and character. Recruit training is a combination

of classroom and field-based experience which

takes approximately 18 months to complete. A

portion of this training takes place in a police

academy and the remainder is conducted on the job.

5. Discretion.

*Use of force. All police officers may use

"appropriate" force when encountering violent

persons. "Appropriate" is defined by the level of

force required to overcome and apprehend the

person(s). Police officers may use "lethal" force

on a person if they believe their life or the life

of another person is in danger. "Lethal" is

defined as the level of force that might result in

the person's death.

     All police officers carry handguns and

handcuffs. They rarely carry batons; these are

usually kept in police cars.

*Stop/apprehend a suspect. In general, a police

officer may stop and apprehend any person who

appears to be committing, or is about to commit,

an offence.

*Decision to arrest. The vast majority of

arrests are made without a warrant although there

are jurisdictional differences concerning

prerequistes to arrest.

     As an alternative to arrest, police can

"caution" suspects. There are published

guidelines used by the police in relation to the

cautioning of suspects, especially for juveniles.

Cautioning can be informal, in which the

individual police officer warns the offender.

Cautioning can also be formal, in which the

suspected offender is required to appear before a

senior officer for the cautioning, although no

court appearance is required.

*Search and seizure. Police are generally

required to obtain a search warrant from a judge

or a magistrate before they enter premises and

seize property. However, illegal drugs and

weapons can be seized without a warrant.

*Confessions. Whereas the issue of obtaining

confessions from suspected offenders has been a

controversial subject in the past, the controversy

has diminished with the onset of video. Virtually

all interviews with persons suspected of serious

offenses are videotaped.

6. Accountability.

     Complaints against the police are

investigated by different authorities in different

jurisdictions. The principal agencies involved in

each jurisdiction are the following: New South

Wales: State Ombudsman, Independent Commission

Against Corruption and the Police Force's Internal

Affairs Department; Victoria: State Ombudsman;

Queensland: Criminal Justice Commission and the

Police Force's Internal Affairs Department;

Western Australia: State Ombudsman; South

Australia: Police Complaints Authority; Tasmania:

Police Force's Internal Affairs Department;

Northern Territory: Territory Ombudsman;

Australian Capital Territory and Australian

Federal Police: Federal Ombudsman.

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the Accused

*Rights of the accused at trial. All accused

persons have the right to defend themselves in

court but in serious cases most prefer to be

represented by a legal practitioner. A recent

decision by the High Court of Australia held that

in all serious matters if the accused does not

have access to legal advice, the case must be

adjourned. (Dietrich, 1992).

     In any trial, both the prosecution and the

defense have the right to question and cross

examine witnesses. In New South Wales, the

accused person also has the right to make an

unsworn statement, thus avoiding being cross-

examined by the prosecution. This practice has

been abolished in all other Australian

jurisdictions.

*Assistance to the accused. A national system

for the provision of free legal aid to accused

persons was established in 1993 and subsequently

some of the States have established legal service

commissions which monitor and oversee the

provision of this service. Eligibility to receive

legal aid depends on the financial means of the

individual and the merit of the case being

defended. Legal aid is provided either through the

salaried staff of a Legal Aid Commission or by

assignment to private legal practitioners. Also,

an extensive number of Aboriginal legal services

throughout Australia receive separate funding

from national or state leqal services.

2 Procedures.

*Preparatory procedures for bringing a suspect to

trial. Arrested persons are brought to a police

station where charges are brought against them.

Before being charged, the arrested person is

usually searched. The police are empowered to use

force if the search is resisted. In all serious

cases, arrested persons are photographed and

finger printed before being charged. If no

charges are brought, the accused person is

released.

     In most jurisdictions the police allow

arrested persons to make a telephone call to a

legal adviser, friend or relative. After the

charging procedures are completed, the accused is

either released on bail or held in custody.

     The role of the police in pre-trial decision-

making includes performing the necessary

investigation and detection work, filing charges

and, except for the Australian Capital Territory,

prosecuting the case in court. In some cases and

in all Federal matters, the Director of Public

Prosecutions is involved in determining what

charges will be brought. If the Director decides

that the case should be heard on indictment (heard

in a superior court), a committal or preliminary

hearing in a lower court is usually held in order

to discover whether there is sufficient evidence

to proceed with the trial.

     If the accused pleads guilty to a charge, the

judge or magistrate may immediately impose a

sentence without setting the case for trial.

Thus, guilty pleas help to speed case flow and

reduce case overload in the court system.

     If the accused pleads not guilty, the

evidence of the prosecution and defense are heard

in an adversarial manner in court. Cases

involving serious charges are heard in a higher

court with a 12-member jury. However, in some

cases, the accused person has the right to waive a

jury trial.

*Official who conducts prosecution. Police will

often conduct the prosecution for lower court

cases, but not for those in the higher courts.

*Alternatives to trial. In some jurisdictions

there are alternatives to formal charging and

court appearance procedures. These alternatives

involve the use of community justice centers or

dispute resolution centers to provide for the

resolution of disputes between conflicting

individuals. The proceedings in these centers are

relatively informal and the hearings are less

expensive than court procedures. In addition,

most States have small claims tribunals or courts

that allow for minor matters to be settled without

involving the police or lawyers.

     Although plea bargaining is not officially

permitted in any jurisdiction, some commentators

have suggested there exists a form of charge

bargaining, an arrangement by which an individual

chooses to plead guilty to one or two particular

charges with the understanding that other charges

will be dropped.

*Proportion of prosecuted cases going to trial.

Information not obtained.

*Pre-trial incarceration conditions.  Pre-trial

incarceration is usually referred to as "remanded

in custody".

*Bail procedure. In all jurisdictions there is a

strong presumption in favor of granting bail.

Bail can be granted either by police or by the

courts. There are three main grounds for the

denial of bail and remanding an individual in

custody: 1) to prevent the offense from being

continued or repeated; 2) to ensure that the

offender does not abscond and appears in court as

required; and 3) to ensure that the accused person

does not interfere with the process of justice

(for instance, by contacting jurors or witnesses).

     Generally, suspects brought on very serious

charges, such as homicide, are remanded in custody

for a substantial period of time while awaiting

trial.

*Proportion of pre-trial offenders incarcerated.

Approximately 13% of all Australian prisoners are

awaiting trial with the period of stay on remand

varying between a few days to more than one year

in a small number of cases.

JUDICIAL SYSTEM

1. Administration.

     Australia has a hierarchical system of courts

with the High Court of Australia operating at the

top. The High Court of Australia is the final

court of appeal for all other courts. It is also

the court which has sole responsibility for

interpreting the Australian Constitution.

     Within each State and Territory there is a

Supreme Court and, in the larger jurisdictions, an

intermediate court below it, known as the District

Court, District and Criminal Court, or County

Court. There is no intermediate court in Tasmania

or in the two territories.

     Below the intermediate courts there are

Magistrates Courts at which virtually all civil

and criminal proceedings commence. Approximately

95% of criminal cases are resolved at the

Magistrates Courts level.

     Parallel to the Supreme Courts in the States

and Territories is a Federal Court that is

primarily concerned with the enforcement of

Commonwealth Law, such as that related to trade

practices, but that also hears appeals from the

Supreme Courts of the Territories.

2. Special Courts.

Juvenile/Children's Courts. Each State and

Territory has a children's or juvenile court.

Children's courts are invariably closed to the

public and the press in order to protect the

anonymity of the accused.

Coroners Courts. These courts investigate

suspicious deaths and fires. Some coroners courts

have the authority to recommend persons for trial

in higher courts.

Other Courts. There are many other courts in

Australia such as the Family Court, the Industrial

Court, Small Claims Tribunals, Licensing Courts,

Mining Courts, Land and Environment Courts, and

Courts of Disputed Returns, but few, if any, of

these courts deal with criminal behavior.

3. Judges.

*Number of judges.  The High Court of Australia

has seven judges.  Since its creation in 1901

there have been 37 appointments to the High Court.

Except for one, all appointments have been male.

     The Supreme Courts in each State and

Territory are headed by a Chief Justice. The

actual number of judges varies according to the

size of the state. For example, there are 34

Supreme Court judges in New South Wales and seven

in Western Australia. There are over 100 Supreme

Court judges in Australia, all of whom are

assisted by secretaries, bailiffs, associates, and

Masters and Registrars of the Court.

     The number of judges at the intermediate

court level is almost twice the number at the

Supreme Court level. There are approximately 500

magistrates in Australia. In some jurisdictions,

lay persons are appointed as Justices of the

Peace. Although, in the past, these lay persons

were able to convene courts and sentence

offenders, this power has largely been removed in

recent years.

*Appointment and qualifications. All of the

persons appointed to the High Court of Australia

have been distinguished members of the legal

profession, but a significant minority of them

have also had political experience or have been

judges in a Supreme or Federal Court.

     The appointment of judges at each government

level is the responsibility of the relevant

government. In the case of the High Court and the

Federal Court, formal judicial appointments are

made by the Governor General. The Governor of the

State formally appoints judges to the Supreme

Courts. The identification and recommendation of

persons to be appointed as judges in each

jurisdiction is primarily the responsibility of

the corresponding Attorney-General.

PENALTIES AND SENTENCING

1. Sentencing process.

*Who determines the sentence?  In cases where a

person either pleads guilty or is found guilty,

the sentence is determined by the judge or

magistrate responsible for the case.

*Is there a special sentencing hearing?  In

complex or serious cases there is frequently an

adjournment to allow the judicial officer to

consider the appropriate sentence and to hear

argument from the prosecution and defense in

relation to sentence.

*Which persons have input into the sentencing

process?  Victim impact statements may be

submitted in South Australia. In other

jurisdictions pre-sentence reports are prepared to

assist the judicial officer, usually by probation

officers. Pre-sentence reports may also include a

psychiatric opinion.

2. Types of penalties.

*Range of penalties. All jurisdictions permit

the following penalties to be imposed: fines,

probation orders (supervision or recognizance

orders), community service orders or imprisonment.

Some jurisdictions provide for the imposition of

home detention. Home detention is usually employed

as a post-prison order rather than as an order

imposed directly by the sentencing court.

*Death penalty. Capital punishment and corporal

punishment have been abolished in all Australian

jurisdictions. The last execution took place in

1967.

PRISON

1. Description.

*Number of prisons and type. A11 prisons are the

responsibility of states or territories. There

are no federal penitentiaries or local jails.

     There are approximately 80 prisons throughout

Australia. This number is an approximation

because several large institutions are subdivided

into administratively independent units. Although

most prisons are designated as either high,

medium, or low security facilities, most are

occupied by prisoners at varying levels of

security classification.

*Number of prison beds. Information not

available.

*Average daily/number of prisoners.  In May 1993,

the total number of prisoners in Australia was

14,335, of which 13,640 were male and 695 were

female.  The rate for imprisonment in Australia

was 80.6 per 100,000 population.  There has been

considerable concern over the rate of

imprisonment, since it varies by jurisdiction. (The

rate of imprisonment per 100,000 population in

each jurisdiction, followed by the total number of

prisoners, and male and female breakdowns, are as

follows: New South Wales: 103.2 (total=6,230;

male=5,914, female=316); Victoria: 50.0

(total=2,258, male=2, 145, female=113);

Queensland: 68.8 (total=2,064, male=1,984,

female=80); Western Australia: 110.8 (total=1,911,

male=1,808, female=103); South Australia: 73. 0

(total=l, 087, male=l, 033, female=54); Tasmania:

55.9 (total=261, male=249, female=12); Northern

Territory: 268.3 (total=432, male=420, female=12);

and Australian Capital Territory: 29.8 (total=92,

male=87, female=5. Australian Institute of

Criminology.)

     Approximately 15% of all prisoners are

identified as Aborigines. This figure has been

cause for concern since Aborigines comprise only

1.5% of the total Australian population.

*Number of annual admissions. Approximately

27,000 sentenced prisoners are received into

prison in Australia each year and a much higher

number of unconvicted prisoners are received on

remand.

*Actual or estimated proportion of inmates

incarcerated. Although violent crime constitutes

a very small proportion of all crime in Australia,

this category contributes the most to the numbers

of people in prison at any one time.The total number

and percentage of inmates incarcerated for various

crimes, as of June 30, 1992:  

Drug Crimes      1,522  (10%)

Violent Crimes   6,484  (42%)

Property Crimes

 (theft)         1,333   (8%)

Other Crimes     6,220  (40%) 

Total Crimes    15,559 (100%)

Violent crimes include homicide (1,517);

assault (1,483); sex offenses (1,662); and robbery

(1,822).  Other crimes include: break and enter

(2,340); fraud (544) driving and other traffic of

fenses (1,007); breach of probation or similar

court orders (950); receiving stolen goods (319);

and "other" offenses (1,060).

2. Administration.

*Administration.  Information not obtained. 

*Prison guards.  In 1991-1992, there was a total

of 7,348 custodial staff personnel.  (The number of

custodial staff personnel by jurisdiction,

followed by the prisoner/staff ratio is as

follows: New South Wales: 2,516 [2.4:1];

Victoria: 1,341 [1.7:1]; Queensland: 1,283

[1.5:1]; Western Australia: 1,018 [1.8:1]; South

Australia: 704 [1:5.1]; Tasmania: 178 [1.5:1];

Northern Territory: 258 [1.8:1]; and Australian

Capital Territory: 48 [0.4:1]).

*Training and qualifications. Generally, the

training period for prison officers varies from 3

to 12 months and always involves a combination of

classroom study and on-the-job training. Prison

officers are required to undertake further study

and pass examinations in order to be considered

for promotion in the prison system. In Western

Australia, persons who are appointed as

superintendents or officers in charge of

institutions must obtain some form of tertiary

qualification.

*Expenditure on the prison system. In 1991-1992,

the average cost per prisoner per day was 124.8 in

Australian dollars.  Among jurisdictions, in 

1991-1992, the average cost per prisoner per day

in Australian dollars was as follows: New South

Wales: 106.3; Victoria: 152.0; Queensland: 122.2;

Western Australia: 145.6; South Australia: 143.9;

Tasmania: 108.6; Northern Territory: 110.8; and

Australian Capital Territory: 377.2. The very high

cost per day for the Australian Capital Territory

in part is explained by the fact that all of its

sentenced prisoners are transferred to New South

Wales. The only prisoners who are detained in the

Australian Capital Territory are unconvicted

prisoners on remand.

3. Prison conditions.

*Remissions. Until recently all convicted

Australian prisoners were entitled to earn

remissions or time off for good behavior. This

approach has since been changed in New South Wales

and Victoria as a result of support for an

approach known as "truth in sentencing". This

change is said to have resulted in a significant

increase in the number of inmates in prisons,

particularly in New South Wales.

     All States and Territories in Australia have

provisions for parole and virtually all persons

serving sentences of one year or more are released

under a parole system. Most of the time, the

number of persons serving parole is approximately

two thirds of the total number of persons in

prison. In addition, for every person in prison,

there are approximately four persons serving other

forms of non-custodial sentences such as probation

or community service.

*Work/education. All prisons have provisions for

work, education and training, recreation and

support.

*Amenities/privileges. Inmates classified as

requiring low security are able to obtain weekend

leave. Other privileges are also available.

EXTRADITION AND TREATIES

*Extradition. Australia has entered into a

number of treaties with foreign countries to

facilitate the extradition of offenders and to

provide mutual assistance in the investigation of

serious crime.

*Exchange of prisoners. Australia has not yet,

however, entered into any multilateral or

bilateral treaties which would facilitate the

transfer of foreign prisoners. This subject is

under active consideration in Australia at the

present time (1993). The available evidence

suggests that approximately 200 Australian

prisoners are serving sentences in as many as 30

countries in other parts of the world, and a

slightly larger number of foreign prisoners are

serving sentences in Australian prisons.