15 Offences against justice procedures, government security and government operations
Division 15 - Offences against justice procedures, government security and government operations
An act or omission that is deemed to be prejudicial to the effective carrying out of justice procedures or any government operations. This includes general government operations as well as those specifically concerned with maintaining government security.
This division is further disaggregated into subdivisions on the basis of whether or not the act or omission was against justice procedures or government operations.
Offences in this division are classified into the following subdivisions:
151 Breach of custodial order offences
152 Breach of community-based orders
153 Breach of violence and non-violence orders
154 Offences against government operations
155 Offences against government security
156 Offences against justice procedures
Exclusions:
Offences against justice procedures or government security or government operations where there is an intent to kill, assault, or steal. These are coded to the relevant groups within Division 01, Homicide and related offences; Division 02, Acts intended to cause injury; or Division 08, Theft and related offences.
151 Breach of custodial order offences
Subdivision 151 Breach of custodial order offences
An act or omission breaching the conditions of a custodial order. This includes offences relating to a person regaining their liberty unlawfully, as well as offences relating to a breach of the conditions specified within a home detention order or suspended sentence.
This subdivision is further disaggregated by the type of custodial order that is breached.
Offences in this subdivision are classified into the following groups:
1511 Escape custody offences
1512 Breach of home detention
1513 Breach of suspended sentence
Exclusions:
Breach of community-based order. These are coded to the relevant groups within Subdivision 152, Breach of community-based orders.
1511 Escape custody offences
Offences relating to a person who was in lawful custody regaining, his/her liberty unlawfully.
Inclusions:
Escape detention
Aid/harbour an escapee
Free a person from lawful custody without authority
Permit escape from lawful custody without authority
Escape from lawful custody
Conspiracy to escape legal custody
Breach of periodic detention
1512 Breach of home detention
An act or omission breaching the conditions of home detention where a person is required to serve a custodial order in a residential location.
1513 Breach of suspended sentence
An act or omission breaching the conditions of a suspended sentence.
152 Breach of community-based orders
Subdivision 152 Breach of community-based orders
An act or omission prejudicial to the effective execution of justice orders which are served in the community. Note where the breach offence constitutes a new offence in its own right, both the new offence and the breach are to be counted.
This subdivision is further disaggregated on the basis of the type of community-based order that is breached.
Offences in this subdivision are classified into the following groups:
1521 Breach of community service order
1522 Breach of parole
1523 Breach of bail
1524 Breach of bond - probation
1525 Breach of bond - other
1529 Breach of community-based orders, nec
1521 Breach of community service order
An act or omission breaching the conditions of a community service order. This refers to the community-based management of court-ordered sanctions and fine conversions, which principally involve the provision of supervision, programmes or community work.
Inclusions:
Breach of reparation orders
1522 Breach of parole
An act or omission breaching the conditions of a parole order.
Inclusions:
Fail to report to parole officer
Exclusions:
Breach of periodic detention. These are coded to Group 1511, Escape custody offences.
Breach of suspended sentence. These are coded to Group 1513, Breach of suspended sentence.
1523 Breach of bail
An act or omission breaching the conditions of a bail order.
Inclusions:
Abscond whilst on bail
Fail to comply with a condition of a bail order
Bail act offences
1524 Breach of bond - probation
An act or omission breaching the conditions of a bond that requires supervision.
Inclusions:
Breach of probation
1525 Breach of bond - other
An act or omission breaching the conditions of a bond that does not require supervision.
1529 Breach of community-based orders, nec
An act or omission breaching the conditions of any other community-based order not otherwise specified within Subdivision 152.
Exclusions:
Breach of parole. These are coded to Group 1522, Breach of parole.
Breach of suspended sentence. These are coded to Group 1513, Breach of suspended sentence.
153 Breach of violence and non-violence orders
Subdivision 153 Breach of violence and non-violence orders
An act or omission breaching the conditions of a violence or non-violence related restraining order.
This subdivision is further disaggregated on the basis of whether the breached was related to a violence or non-violence order.
Offences in this subdivision are classified into the following groups:
1531 Breach of violence orders
1532 Breach of non-violence orders
1531 Breach of violence order
An act or omission breaching the conditions of a violence order.
Inclusions:
Breach of apprehended violence order
Breach of domestic violence order
1532 Breach of non-violence orders
An act or omission breaching the conditions of a restraining order other than a violence order.
Exclusions:
Breach of a domestic violence order. These are coded to Group 1531, Breach of violence order.
154 Offences against government operations
Subdivision 154 Offences against government operations
An act with the intent of resisting or hindering government officers, or government operations, other than police, justice or government security officers.
This subdivision is further disaggregated on the basis of whether the offence was against an individual person or an operation.
Offences in this subdivision are classified into the following groups:
1541 Resist or hinder government official (excluding police officer, justice official or government security officer)
1542 Bribery involving government officials
1543 Immigration offences
1549 Offences against government operations, nec
1541 Resist or hinder government official (excluding police officer, justice official or government security officer)
An act with the intent of resisting or hindering government officers, other than police officers, justice officials or government security officers, who are carrying out duties under authority of legislation.
Inclusions:
Resist customs officials
Hinder ambulance or fire brigade officers
Exclusions:
Fail to declare goods. These are coded to Group 1694, Import/export regulations.
1542 Bribery involving government officials
The offering, giving or accepting of a bribe involving a government official whilst exercising his/her official authority.
Inclusions:
Bribery of elected government representatives (federal, state or local)
Exclusions:
Bribery to subvert the justice process (e.g. bribing a witness, juror or justice official). These are coded to Group 1561, Subvert the course of justice.
Bribes that threaten national security (e.g. buy/sell/disclose national secrets). These are coded to Group 1559, Offences against government security, nec.
1543 Immigration offences
Offences involving illegal entry, people smuggling across international borders, or the failure to comply with immigration visa conditions, including undertaking employment when not permitted, or overstaying exit date.
Inclusions:
Illegal immigrant
Visa offences
People trafficking
Exclusions:
Passport or visa offences involving theft or fraud. These should be coded to Group 0821, Theft from a person (excluding by force) or Group 0911, Obtain benefit by deception.
People trafficking involving sexual servitude. These are coded to Group 0323, Sexual servitude offences.
1549 Offences against government operations, nec
Offences against government operations, other than those of a security nature, with the intent of impeding the normal functioning capacity of that operation. Included in this group are offences against government statutory bodies or agencies that operate under specific government regulation.
Inclusions:
Fail to complete census form
Fail to lodge taxation forms
Fail to vote at election
Hoax calls to emergency services
Postal offences
Exclusions:
Theft of electricity, gas or water. These are coded to Group 0829, Theft (except motor vehicles), nec.
155 Offences against government security
Subdivision 155 Offences against government security
An act or omission prejudicial to effective enforcement of government operations concerned with the preservation of national security.
This subdivision is further disaggregated on the basis of whether the enforcement of government security operations involved government officials.
Offences in this subdivision are classified into the following groups:
1551 Resist or hinder government officer concerned with government security
1559 Offences against government security, nec
Inclusions:
Computer hacking involving breach of government security
1551 Resist or hinder government officer concerned with government security
An act with the intent of resisting or hindering the official directions of a government officer, other than a police officer or justice official, who is concerned with maintaining government security. Official directions are those given in the conduct of the officer’s duties.
1559 Offences against government security, nec
Offences against government security other than resisting or hindering the official directions of a government officer, other than a police officer or justice official, who is concerned with maintaining government security.
Inclusions:
Acts that are harmful to, or threaten national security (e.g. treason)
Phone tapping for espionage purposes
Sedition
Buy, sell or disclose national secrets
Aid pirates
Incite mutiny
Conspire, prepare or plan a terrorist act
Be a member or provide support to a terrorist organisation
Incite or commit a terrorist act
156 Offences against justice procedures
Subdivision 156 Offences against justice procedures
An act or omission prejudicial to the effective carrying out of justice procedures other than justice orders.
This subdivision is further disaggregated on the basis of subset streams of justice procedures.
Offences in this subdivision are classified into the following groups:
1561 Subvert the course of justice
1562 Resist or hinder police officer or justice official
1563 Prison regulation offences
1569 Offences against justice procedures, nec
1561 Subvert the course of justice
An act intended to mislead or impede justice proceedings.
Inclusions:
Perjury (e.g. false testimony, unlawful oath)
Bribe or dishonestly attempt to influence a witness, juror or any justice official
Prevent witness from attending court
Threat against a witness
Destroy or damage evidence
Fabricate or use fabricated evidence
Conspiracy to obstruct justice
Deceive witness
Exclusions:
Bribery of a government official other than a justice official. These are coded to Group 1542, Bribery involving government officials.
Impersonate a justice official. These are coded to Group 0932, Misrepresentation of professional status.
Contempt of court not involving the perversion of justice proceedings. These are coded to Group 1569, Offences against justice procedures, nec.
1562 Resist or hinder police officer or justice official
An act with the intent of resisting or hindering the directions of a police officer or other justice official in the conduct of their lawful duty.
Inclusions:
Fail to comply with the direction of an authorised police officer or justice official
Give false name to a police officer or justice official
Fail to state name/address on request, to a police officer or justice official
Exclusions:
Assault of police officers or justice officials. These are coded to Group 0211, Serious assault resulting in injury or Group 0212, Serious assault not resulting in injury.
1563 Prison regulation offences
Offences against guidelines regulating conduct within prisons and/or detention centres.
Inclusions:
Possess contraband
Supply contraband
Contravene institutional order
1569 Offences against justice procedures, nec
Offences against justice procedures not elsewhere classified in Subdivision 156, Offences against justice procedures.
Inclusions:
Accessory after the fact
Misprision (concealing knowledge) of felony
Contempt of court, not involving the perversion of justice proceedings (e.g. interrupt/disrupt court proceedings)
Make false report to police
Fail to appear before court