Federal Defendants, Australia methodology

This is not the latest release View the latest release

Reference period

2019-20 financial year

Released

23/06/2021

About this data

The Federal Defendants, Australia data relates to persons and organisations charged with an offence against Commonwealth legislation, whose case(s) have been finalised within the criminal jurisdictions of the Higher, Magistrates' or Children's Courts between 1 July 2019 and 30 June 2020.

The data covers federal defendant demographics, principal federal offence, sentencing and case duration information. Data on federal offenders in prison is included in Prisoners in Australia.

Defendants whose cases relate only to offences under state or territory legislation are not in scope of this release, but are included in Criminal Courts, Australia.

Charges against Commonwealth legislation can be prosecuted by state and territory police agencies, the Australian Federal Police, the Commonwealth Director of Public Prosecutions, state Directors of Public Prosecutions, the Australian Securities and Investments Commission, the Australian Tax Office and other (generally Commonwealth) authorities.

The Australian Road Rules (maintained by the National Transport Commission) only apply in each state and territory if they have been enacted by legislation. For example, in the Northern Territory, offences against the Australian Road Rules are identified as federal offences. However, to ensure consistency across all states and territories, the Australian Road Rules and the associated state and territory enacting legislation, are excluded from the scope of the Federal Defendants collection.

For comparability purposes, federal offences based on national laws enacted under state and territory legislation are excluded from the scope of the Federal Defendants collection from 2016–17. Data for 2015–16 (published in the 2016–17 issue) were revised to reflect this change. Caution should be used when making historical comparisons.

The geographic definition of Australia, as used by the ABS, includes 'Other Territories'. Defendants finalised on Cocos (Keeling) Islands and Christmas Island are included in the counts for Western Australia, where applicable. Defendants finalised in Jervis Bay Territory are not included.

Data source

Statistics presented in this publication are compiled based on administrative unit record data supplied to the ABS by the agencies responsible for courts administration in each state and territory, with the exception of Queensland (where data are supplied via the Office of the Government Statistician), and New South Wales (where data are supplied via the Bureau of Crime Statistics and Research).

To ensure consistency between the states and territories, each one is required to provide data coded to national classifications and standards.

Counting methodology

The principal counting unit for this collection is the finalised defendant. A finalised defendant is defined as a person or organisation for whom all charges within a case have been formally completed so that they cease to be an active item of work for the court during the reference period. The method of finalisation for each charge at case completion may be a guilty outcome, acquittal, withdrawal, transfer, or other outcome.

The Federal Defendants collection does not enumerate unique persons, instead the following counting rules are applied:

Where a defendant is finalised for more than one case, on the same date and in the same court level, their records are merged and they are counted as one finalised defendant
Where a defendant is finalised for more than one case, on separate dates within the reference period, they will be counted once for each date they were finalised
Where a defendant is finalised in the Magistrates' Courts whilst other charges are committed to, and finalised in the Higher Courts, they will be counted once for each court level they were finalised in during the reference period.

The following counting rules apply with regards to defendants transferred from, or between court levels:

Defendants transferred from one Higher Court level to another Higher Court level are considered as initiated only once (in the level they first entered) and finalised only once (from the level they finally left)
Defendants transferred from a Magistrates' Court to a Higher Court (or vice versa) are considered as initiated twice (once in each of the courts) and finalised twice (once in each of the courts)
Defendants transferred between the Children's Courts and the Magistrates' or Higher Courts (or vice versa) are considered to be initiated twice (once in each of the courts) and finalised twice (once in each of the courts)
Defendants transferred from the Magistrates' or Children's Courts to Specialist Courts for finalisation (e.g. Drug Courts, Indigenous Courts) are considered finalised (by transfer) in the criminal court that initiated the transfer. Defendants may then, upon completion of the program, return to the court that requested the transfer, for an additional finalisation.

For the first time in 2019–20, transfers have been excluded from defendant counts in some tables to remove the double-counting of defendants who were transferred and subsequently adjudicated in a different court level. Excluding transfers provides a more accurate representation of defendant characteristics, particularly for more serious offences where transfers are more common.

Confidentialisation

The Census and Statistics Act 1905 provides the authority for the ABS to collect statistical information, and requires that statistical output shall not be published or disseminated in a manner that is likely to enable the identification of a particular person or organisation. To minimise the risk of identifying individuals in aggregate statistics, a technique called perturbation is used to randomly adjust cell values and summary variables. This technique, applied to the collection from 2013–14, involves small random adjustment of the data and is considered the most satisfactory technique for avoiding the release of identifiable statistics while maximising the range of information that can be released. These adjustments have a negligible impact on the underlying pattern of the statistics.

The result of perturbation is that a given published cell value will be consistent across all tables, but the sum of the components may add to more or less than 100%. Readers are advised to use the published totals rather than deriving totals based on the components. Small values may be proportionally more affected by perturbation than large values. Users are advised against conducting analyses and drawing conclusions based on small values.

Key data items

Court levels

Higher Courts

All states and territories have a Supreme Court that deals with the most serious criminal matters, generally referred to as an indictable offence (e.g. murder, manslaughter, serious sexual offences, assault, drug trafficking, robbery). The larger states (New South Wales, Victoria, Queensland, South Australia and Western Australia) also have an intermediate level of court, known as the District Court or County Court, which deal with the majority of serious offences. In this publication, the Supreme and Intermediate courts are collectively referred to as the ‘Higher Courts’.

All defendants that are dealt with by the Higher Courts have an automatic entitlement to a trial before a judge and jury. In some states and territories, the defendant may elect to have their matter(s) heard before a judge alone. Children treated as adults by the court may be included in the Higher Courts defendant counts.

Magistrates' Courts

The lowest level of criminal court is the Magistrates’ Court (also known as the Court of Summary Jurisdiction, Local Court or Court of Petty Sessions) which hears the majority of all criminal cases. Cases heard in the Magistrates’ Courts do not involve a jury – rather, a magistrate determines whether the defendant is guilty or not guilty. This is known as a summary proceeding. Children treated as adults by the courts may also be finalised in the Magistrates' Courts.

Children's Courts

Each state and territory has Children's Courts to deal with offences alleged to have been committed by a child or juvenile. These courts mainly hear summary proceedings, but do have the power to hear indictable matters in some states and territories.

In all states and territories, a person can only be charged with a criminal offence where they are aged 10 years or over. Defendants are considered to be a child/juvenile where they are under 18 years of age at the time they committed an offence. Prior to February 2018, defendants in Queensland were considered to be a child/juvenile by the courts where they were aged under 17 years.

Method of finalisation

Method of finalisation refers to how a criminal charge is concluded by a criminal court. The Method of Finalisation Classification contains the main categories of:

Adjudicated finalisation – a judgement or decision by the court as to whether the defendant is guilty of the charge(s) against them, or acquitted
Transfers to other court levels – a court order for the criminal charge(s) to be transferred to another court level for adjudication or sentencing
Withdrawn by prosecution – the formal withdrawal of a criminal charge(s) by the prosecution (i.e. Police, Director of Public Prosecutions, Attorney-General, or another initiating agency).

For defendants who had multiple charges with varying outcomes, the method of finalisation is assigned based on the following order of precedence (note, some finalisation types are only applicable to specific court levels):

Defendant deceased
Unfit to plead
Not guilty by reason of mental illness/condition
Guilty finding by court
Charge proven n.f.d.
Guilty plea by defendant
Guilty ex-parte
No case to answer at committal
Charge unproven n.e.c.
Transfer from a Magistrates'/Children’s Court to a Higher Court n.f.d.
Committed for trial
Committed for sentence
Transfer from a Magistrates'/Children’s Court to a Higher Court n.e.c.
Transfer from a Higher Court to a Magistrates' Court
Transfer from a Children’s Court to a Magistrates' Court
Other transfer between court levels n.e.c.
Transfer to non-court agency
Withdrawn by the prosecution
Other non-adjudicated finalisation n.e.c.
Unknown/not stated

Principal federal offence (ANZSOC)

Federal offences are charges against Commonwealth legislation. For this collection, federal offences have been coded to the Australian and New Zealand Standard Offence Classification (ANZSOC), 2011.

For ease of reading, some ANZSOC offence names have been abbreviated throughout this publication as follows:

Dangerous or negligent acts endangering persons appear as 'dangerous/negligent acts'
Abduction, harassment and other offences against the person appear as 'abduction/harassment'
Robbery, extortion and related offences appear as ‘robbery/extortion’
Unlawful entry with intent/burglary, break and enter appear as 'unlawful entry with intent'
Theft and related offences appear as ‘theft’
Fraud, deception and related offences appear as ‘fraud/deception’
Prohibited and regulated weapons and explosives offences appear as 'weapons/explosives'
Offences against justice procedures, government security and government operations appear as 'offences against justice'.

The preferred terminology to be used for ANZSOC offence ‘child pornography’ is now ‘child abuse material offences’ and this label has been included in the 2019–20 release.

Where a defendant has more than one federal offence type, the Method of Finalisation and National Offence Index (NOI), a ranking of offences based on the concept of 'offence seriousness', are used to determine the principal federal offence.

For defendants finalised with a single federal offence, this is their principal federal offence.

For defendants with multiple charges with differing methods of finalisation, the principal federal offence is selected based on the following order of precedence:

Defendant deceased, unfit to plead, or not guilty by reason of mental illness
Charges proven
Charges not proven
Transfer of charges
Charges withdrawn
Other non-adjudicated finalisation
Unknown/not stated.

For example, for a defendant finalised as having a guilty outcome for an offence of ‘obtain benefit by deception’, and acquitted for an offence of ‘threatening behaviour’, their principal federal offence would be ‘obtain benefit by deception’.

Where a defendant has multiple charges, each with the same method of finalisation, the NOI is used to determine the principal federal offence (i.e. the charge with the highest ranked ANZSOC code on the NOI).

The rules underpinning the NOI, in particular defining 'offence seriousness' and the impact of this definition on the ranking of offences, need to be considered when using the principal federal offence data in this publication.

Principal federal offence groups

The federal offence groups presented in this collection provide an alternate way (to the ANZSOC) of grouping federal offences, based on offence types that are of particular interest to users of data relating to federal defendants.

The federal offence groups presented are based on the Commonwealth legislation the defendant was charged under, with the exception of offences against the Criminal Code Act 1995, Crimes Act 1914, Migration Act 1958, Competition and Consumer Act 2010 and Corporations (Aboriginal and Torres Strait Islander) Act 2006 which are assigned using both Act and Section level information. The groups are subject to regular review, following changes to federal legislation or emerging user needs.

The federal offence groups are not an ABS standard nor related to ANZSOC, and may comprise offences that reside in different ANZSOC divisions. For the definitions of groups and the Commonwealth Acts, sections and ANZSOC categories contained within each group refer to the federal offence group categories.

Note that prior to 2019–20, the category 'Commonwealth sexual offences' included sexual offences against a minor. These offences have now been included in the new ‘Child sexual abuse offences’ category, which is an expansion and re-labelling of the previous ‘Child sexual exploitation offences’ category.

The principal federal offence group for the defendant (based on the legislation), is the category associated with the principal federal offence (based on the ANZSOC). Where there is more than one federal offence group associated with an offence, the hierarchy of the NOI is used to derive the most serious group.

Principal sentence

The principal federal sentence is the most serious sentence given to a defendant for their federal offences with guilty outcomes. For ease of reading, the term is abbreviated to principal sentence throughout this publication.

The determination of most serious sentence is based on the hierarchy of the Sentence Type Classification. This classification describes the types of sentences that are handed down by the court for offences with a guilty outcome, including the main categories of:

Custodial orders – sentences that restrict the liberty of a defendant for a specified period of time (e.g. detainment in an institution or home, or regular supervision by corrections personnel while residing in the community)
Non-custodial orders – sentences that do not involve being held in custody (e.g. fines, community service orders, good behaviour bonds).

Defendants can receive:

A single sentence for a single offence with a guilty outcome
A single sentence for multiple offences with a guilty outcome
Multiple sentences for a single offence with a guilty outcome
Multiple sentences for multiple offences with a guilty outcome.

In some cases, defendants with a method of finalisation of 'not guilty by reason of mental illness/condition' may have some kind of sentence/order imposed. However, these sentences are not included in this collection.

Defendants with more than one sentence type (for either a single offence or multiple offences) are assigned a principal sentence, which is intended to reflect the most serious sentence based on the hierarchy of the Sentence Type Classification.

In most cases, the principal sentence will be associated with the principal federal offence (that is, the most serious sentence handed down for the most serious offence). However, because the principal sentence is assigned independently of offence information, it is possible for this not to be the case (i.e. where the most serious offence with a guilty outcome has not incurred the most serious/largest sentence). There may also be cases where the sentence is for more than one offence (the principal federal offence and one or more other offences).

It should also be noted that there are some differences in the availability and application of sentence types across states and territories, and over time.

Duration

This ‘duration’ information presented is a measure of court timeliness, representing the time taken between the date a defendant’s case(s) was initiated in court and the date they were finalised (i.e. ceased to be an item of work for the court).

Note that duration data for New South Wales and the Northern Territory are derived on a different basis (see ‘State and territory comparability’).

Age of defendant

The age in years presented in this collection refers to the age of the defendant at the date their matter(s) was finalised in the criminal courts.

State and territory comparability

National standards and classifications are used in this collection to produce nationally comparable data. However, various factors can impact data quality and comparability, including:

Challenges with meeting national standards due to courts data systems being designed for the purpose of administration of court business (as opposed to national statistical purposes)
Modification over time to data systems and methodology used to extract/compile data
Refinements to data quality procedures
Legislative or operational differences across states and territories (e.g. differences in the types of matters able to be heard, and the sentencing options available to the courts).

The Federal Defendants collection presents a subset of all defendants finalised in Australia's criminal courts, as published in Criminal Courts, Australia. However, a federal defendant may also be finalised for state or territory offences in the same reference period, so the difference between all defendants and federal defendants does not equal the count of defendants with state/territory offences.

The data in this publication may not be comparable to data published in other national and state/territory publications due to differing scope and counting rules.

The following information highlights events or processes unique to a state or territory that may have impacted on the data for the Federal Defendants collection. Where a state or territory is not listed below, there are no specific notes for that state or territory for this release. For other issues specific to a state or territory that have impacted on the Criminal Courts collection more generally, refer to ‘State and territory specific information’ in the Methodology of Criminal Courts, Australia.

New South Wales

Duration data for the Magistrates' and Children's Courts are based on the date of first appearance rather than the date of registration, as date of registration is not captured in the Bureau of Crime Statistics and Research's system (from which New South Wales courts data are derived). As such, the median duration in New South Wales Magistrates’ and Children’s Courts may be lower than in some other states and territories. This issue does not impact the Higher Courts data.

Northern Territory

Unlike other states and territories, the date of initiation in Magistrates’ and Children’s Courts in the Northern Territory is based on the earliest of: the date the case was filed, the date the case was created, or the date of first appearance.

Australian Capital Territory

The Australian Capital Territory (ACT) historically had a high proportion of defendants with a principal federal offence of Traffic and vehicle regulatory offences compared with most other states and territories. This was due to parking offences being lodged under commonwealth legislation specific to the Australian National University. During 2019-20 a significant amount of these offences were lodged under the ACT Road Transport (Road Rules) Regulation which is outside the scope of the Federal Defendants collection, resulting in a decrease in the number of federal defendants in the ACT.

Method of finalisation classification

Show all

Method of finalisation refers to the way in which a defendant’s case(s) is finalised by the courts and the case(s) ceases to be an item of work for that particular court level (within the reference period).

This classification presents the different categories/types of method of finalisation in scope of the Federal Defendants, Australia publication, including the definitions for each of these.

For additional information about counting rules and state/territory specific court practices that may impact on method of finalisation data in this publication, please refer to State and territory comparability

Code			Method of Finalisation Type and Description
100			Adjudicated Finalisation
			An outcome of criminal proceedings based on a judgement, or decision made by the court as to whether or not the defendant is guilty of a criminal charge(s). Includes: 110 Charge proven 120 Charge not proven
	110		Charge Proven (Guilty outcome)
			An outcome of criminal proceedings of criminal proceedings in which a court accepts that a criminal charge(s) is proven either through a guilty plea entered by a defendant, or through a guilty finding by the court. Includes: 111 Guilty finding by the court 112 Guilty plea by defendant 113 Guilty ex-parte
		111	Guilty finding by the court
			An outcome of criminal proceedings whereby the court (i.e. Jury, Judge, Magistrate etc.) has determined that the defendant is guilty of a criminal charge(s).
		112	Guilty plea by defendant
			An admission of guilt by the defendant in relation to a criminal charge(s).
		113	Guilty ex-parte
			A determination of guilt made by the court, in the absence of the defendant, based on the evidence presented in relation to a criminal charge(s).
	120		Charges not proven (Acquitted)
			A determination made by the court that the defendant is not guilty of a criminal charge(s) due to sufficient evidence to demonstrate the defendant is not guilty, insufficient evidence presented by the prosecution (to infer guilt), or lack of criminal responsibility (i.e. mental illness or condition at the time the defendant was alleged to have committed an offence). Includes: 121 Acquitted by the court 122 Not guilty by reason of mental illness/condition 123 No case to answer at committal 124 Charge not proven, n.e.c.
		121	Acquitted by the court
			A determination made by the court that the defendant is not guilty, or is free from a criminal charge(s).
		122	Not guilty by reason of mental illness/condition
			A determination by the court that the defendant is not guilty of a criminal charge(s) by reason of mental illness/condition.
		123	No case to answer at committal
			A determination by the court (at a committal hearing) that there is insufficient evidence to commit the defendant to a higher court for trial.
		129	Charge not proven, n.e.c.
			An outcome of criminal proceedings whereby a criminal charge(s) has not been proven, for reasons not described elsewhere (i.e. 121, 122,123). For example, where the charge is struck out, or dismissed by a member of the judiciary due to delays in proceedings or insufficient evidence provided by the prosecution.
200			Transfer of Charges Between Court Levels
			A court outcome ordering that a criminal charge(s) be transferred to another court level (within the same state/territory) to be adjudicated and/or sentenced. Includes: 210 Transfer from a lower court to a Higher Court 220 Transfer from the Higher Court to a Magistrates’ Court 250 Transfer from a Children’s Court to a Magistrates’ Court 290 Other transfers between court levels, n.e.c.
	210		Transfer from a lower to a Higher Court
			A court outcome ordering a criminal charge(s) initiated in a lower court be transferred to a higher court for trial and/or sentencing. Includes: 211 Committed for trial 212 Committed for sentence 219 Transfer from a lower to a Higher Court, n.e.c.
		211	Committed for trial
			A court outcome of a committal hearing where a defendant enters a not guilty plea in relation to the charge(s) against them and is subsequently transferred to a Higher Court to stand trial.
		212	Committed to sentence
			A court outcome of a committal hearing where a defendant enters a guilty plea in relation to the charge(s) against them and is subsequently transferred to a Higher Court for sentencing.
		219	Transfer from a lower court to a Higher Court, n.e.c.
			A court outcome resulting in transfer from a lower to a Higher Court not elsewhere described (i.e. 211, 212).
	220		Transfer from a Higher Court to a Magistrates' Court
			A court outcome ordering that a charge(s) be transferred from a Higher Court to a Magistrates’ Court to be determined and/or sentenced.
	250		Transfer from a Children's Court to a Magistrates' Court
			A court outcome ordering that a criminal charge(s) be transferred from a Children's Court to a Magistrates' Court to be determined and/or sentenced.
	290		Other transfers between court levels, n.e.c.
			A court outcome ordering that a criminal charge(s) be transferred to another court level not described elsewhere (i.e. 210, 220 and 250). Includes re-hearings ordered by an appellate court, transfers from a Higher Court to a Children’s Court and transfers to Specialist Courts(a).
300			Non-adjudicated Finalisation
			Court outcomes which relate to the completion of a criminal charge(s) which have not been adjudicated. Includes: 310 Defendant deceased 330 Unfit to plead 340 Withdrawn by the prosecution 350 Transfer to a non-court agency 390 Other non-adjudicated finalisation, n.e.c.
	310		Defendant deceased
			Following the initiation of a criminal charge(s) the court is notified that the defendant is deceased. As such, the case(s) is unable to proceed.
	330		Unfit to plead
			An outcome of court proceedings where the defendant has been deemed to be incapable of pleading guilty or not guilty to a criminal charge(s) as a result of their mental status.
	340		Withdrawn by the prosecution
			The formal withdrawal of a criminal charge(s) by the prosecution (i.e. Police, Director of Public Prosecutions, Attorney-General, or another initiating agency). Includes Nolle Prosequi and No True Bill.
	350		Transfer to a non-court agency
			An outcome of court proceedings whereby the criminal charge(s) has been transferred to a non-court agency.
	390		Other non-adjudicated finalisation, n.e.c.
			Other non-adjudicated finalisations which have not been described elsewhere (i.e. 310, 330, 340 and 350).
900			Not stated/Unknown
			The method of finalisation is not able to be determined.

Specialist Courts: Courts available in some states and territories that provide support and/or offer access to programs and support services for defendants with particular characteristics. For example, Drug courts and Indigenous courts. The aim of specialist courts is to reduce rates of persons subsequently returning to the justice system. Specialist courts are excluded from Federal Defendants data.

Australian and New Zealand Standard Offence Classification (ANZSOC)

Show all

The ANZSOC is a hierarchical classification developed by the ABS for use in the collection and publication of crime and justice statistics. It provides a classificatory framework for the comparison of statistics on offences across Australia and New Zealand. Within the classificatory structure of ANZSOC, divisions represent the broadest categories of offences. The sub-division and group levels provide increasingly detailed dissections of the broad categories. The 2011 version of ANZSOC is used to classify offence data within this publication

Code			Division/Subdivision/Group
01			Homicide and related offences
	011			Murder
		0111			Murder
	012			Attempted murder
		0121			Attempted murder
	013			Manslaughter and driving causing death
		0131			Manslaughter
		0132			Driving causing death
02			Acts intended to cause injury
	021			Assault
		0211			Serious assault resulting in injury
		0212			Serious assault not resulting in injury
		0213			Common assault
	029			Other acts intended to cause injury
		0291			Stalking
		0299			Other acts intended to cause injury, n.e.c.
03			Sexual assault and related offences
	031			Sexual assault
		0311			Aggravated sexual assault
		0312			Non-aggravated sexual assault
	032			Non-assaultive sexual offences
		0321			Non-assaultive sexual offences against a child
		0322			Child pornography offences
		0323			Sexual servitude offences
		0329			Non-assaultive sexual offences, n.e.c.
04			Dangerous or negligent acts endangering persons
	041			Dangerous or negligent operation of a vehicle
		0411			Driving under the influence of alcohol or other substance
		0412			Dangerous or negligent operation (driving) of a vehicle
	049			Other dangerous or negligent acts endangering persons
		0491			Neglect or ill-treatment of persons under care
		0499			Other dangerous or negligent acts endangering persons, n.e.c.
05			Abduction, harassment and other offences against the person
	051			Abduction and kidnapping
		0511			Abduction and kidnapping
	052			Deprivation of liberty/false imprisonment
		0521			Deprivation of liberty/false imprisonment
	053			Harassment and threatening behaviour
		0531			Harassment and private nuisance
		0532			Threatening behaviour
06			Robbery, extortion and related offences
	061			Robbery
		0611			Aggravated robbery
		0612			Non-aggravated robbery
	062			Blackmail and extortion
		0621			Blackmail and extortion
07			Unlawful entry with intent/burglary, break and enter
	071			Unlawful entry with intent/burglary, break and enter
		0711			Unlawful entry with intent/burglary, break and enter
08			Theft and related offences
	081			Motor vehicle theft and related offences
		0811			Theft of a motor vehicle
		0812			Illegal use of a motor vehicle
		0813			Theft of motor vehicle parts or contents
	082			Theft (except motor vehicles)
		0821			Theft from a person (excluding by force)
		0822			Theft of intellectual property
		0823			Theft from retail premises
		0829			Theft (except motor vehicles), n.e.c.
	083			Receive or handle proceeds of crime
		0831			Receive or handle proceeds of crime
	084			Illegal use of property (except motor vehicles)
		0841			Illegal use of property (except motor vehicles)
09			Fraud, deception and related offences
	091			Obtain benefit by deception
		0911			Obtain benefit by deception
	092			Forgery and counterfeiting
		0921			Counterfeiting of currency
		0922			Forgery of documents
		0923			Possess equipment to make false/illegal instrument
	093			Deceptive business/government practices
		0931			Fraudulent trade practices
		0932			Misrepresentation of professional status
		0933			Illegal non-fraudulent trade practices
	099			Other fraud and deception offences
		0991			Dishonest conversion
		0999			Other fraud and deception offences, n.e.c.
10			Illicit drug offences
	101			Import or export illicit drugs
		1011			Import illicit drugs
		1012			Export illicit drugs
	102			Deal or traffic in illicit drugs
		1021			Deal or traffic in illicit drugs - commercial quantity
		1022			Deal or traffic in illicit drugs - non-commercial quantity
	103			Manufacture or cultivate illicit drugs
		1031			Manufacture illicit drugs
		1032			Cultivate illicit drugs
	104			Possess and/or use illicit drugs
		1041			Possess illicit drugs
		1042			Use illicit drugs
	109			Other illicit drug offences
		1099			Other illicit drug offences, n.e.c.
11			Prohibited and regulated weapons and explosives offences
	111			Prohibited weapons/explosives offences
		1111			Import or export prohibited weapons/explosives
		1112			Sell, possess and/or use prohibited weapons/explosives
		1119			Prohibited weapons/explosives offences, n.e.c.
	112			Regulated weapons/explosives offences
		1121			Unlawfully obtain or possess regulated weapons/explosives
		1122			Misuse of regulated weapons/explosives
		1123			Deal or traffic regulated weapons/explosives offences
		1129			Regulated weapons/explosives offences, n.e.c.
12			Property damage and environmental pollution
	121			Property damage
		1211			Property damage by fire or explosion
		1212			Graffiti
		1219			Property damage, n.e.c.
	122			Environmental pollution
		1221			Air pollution offences
		1222			Water pollution offences
		1223			Noise pollution offences
		1224			Soil pollution offences
		1229			Environmental pollution, n.e.c.
13			Public order offences
	131			Disorderly conduct
		1311			Trespass
		1312			Criminal intent
		1313			Riot and affray
		1319			Disorderly conduct, n.e.c.
	132			Regulated public order offences
		1321			Betting and gambling offences
		1322			Liquor and tobacco offences
		1323			Censorship offences
		1324			Prostitution offences
		1325			Offences against public order sexual standards
		1326			Consumption of legal substances in prohibited spaces
		1329			Regulated public order offences, n.e.c.
	133			Offensive conduct
		1331			Offensive language
		1332			Offensive behaviour
		1333			Vilify or incite hatred on racial, cultural, religious or ethnic grounds
		1334			Cruelty to animals
14			Traffic and vehicle regulatory offences
	141			Driver Licence offences
		1411			Drive while licence disqualified or suspended
		1412			Drive without a licence
		1419			Driver licence offences, n.e.c.
	142			Vehicle registration and roadworthiness offences
		1421			Registration offences
		1422			Roadworthiness offences
	143			Regulatory driving offences
		1431			Exceed the prescribed content of alcohol or other substance limit
		1432			Exceed the legal speed limit
		1433			Parking offences
		1439			Regulatory driving offences, n.e.c.
	144			Pedestrian offences
		1441			Pedestrian offences
15			Offences against justice procedures, government security and government operations
	151			Breach of custodial order offences
		1511			Escape custody offences
		1512			Breach of home detention
		1513			Breach of suspended sentence
	152			Breach of community-based orders
		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 order, n.e.c.
	153			Breach of violence and non-violence restraining orders
		1531			Breach of violence order
		1532			Breach of non-violence order
	154			Offences against government operations
		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, n.e.c.
	155			Offences against government security
		1551			Resist or hinder government officer concerned with government security
		1559			Offences against government security, n.e.c.
	156			Offences against justice procedures
		1561			Subvert the course of justice
		1562			Resist or hinder police officer or justice official
		1563			Prison regulation offences
		1569			Offences against justice procedures, n.e.c.
16			Miscellaneous offences
	161			Defamation, libel and privacy offences
		1611			Defamation and libel
		1612			Offences against privacy
	162			Public health and safety offences
		1621			Sanitation offences
		1622			Disease prevention offences
		1623			Occupational health and safety offences
		1624			Transport regulation offences
		1625			Dangerous substances offences
		1626			Licit drug offences
		1629			Public health and safety offences, n.e.c.
	163			Commercial/industry/financial regulation
		1631			Commercial/industry/financial regulation
	169			Other miscellaneous offences
		1691			Environmental regulation offences
		1692			Bribery excluding government officials
		1693			Quarantine offences
		1694			Import/export regulations
		1695			Procure or commit illegal abortion
		1699			Other miscellaneous offences, n.e.c.

Federal offence group

Show all

Federal offence group category	Definition	Acts included	ANZSOC divisions included
Aviation	Includes a range of offences impacting on the operation of aviation and airports throughout Australia.	Airports (Control of on-Airport Activities) Regulations 1997 Aviation Transport Security Act 2004 Aviation Transport Security Regulations 2005 Civil Aviation Act 1988 Civil Aviation Regulations 1988 Civil Aviation Safety Regulations 1998 Crimes (Aviation) Act 1991	02 Acts intended to cause injury 04 Dangerous or negligent acts endangering persons 09 Fraud, deception and related offences 11 Prohibited and regulated weapons and explosives offences 13 Public order offences 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences
Child sexual abuse offences	Includes sexual offences against a minor, child sexual abuse material offences and using a carriage service (such as phone or internet) to groom a child to engage in sexual activity.	Criminal Code Act 1995	03 Sexual assault and related offences 15 Offences against justice procedures, government security and government operations
Commonwealth officials	Includes offences such as bribing, threatening, harming or impersonating Commonwealth officials. Offences against foreign officials are also counted here.	Criminal Code Act 1995	02 Acts intended to cause injury 05 Abduction, Harassment and other offences against the person 09 Fraud, deception and related offences 15 Offences against justice procedures, government security and government operations
Commonwealth property	Includes offences that relate to theft, burglary or damage occurring on, or in relation to, Commonwealth property.	Crimes Act 1914 Criminal Code Act 1995 Public Order (Protection of Persons and Property) Act 1971	06 Robbery, extortion and related offences 07 Unlawful entry with intent/burglary break and enter 08 Theft and related offences 12 Property damage and environmental pollution 13 Public order offences 15 Offences against justice procedures, government security and government operations
Commonwealth sexual offences	Includes offences of a sexual nature such as sex trafficking, debt bondage and sexual slavery.	Crimes Act 1914 Criminal Code Act 1995	03 Sexual assault and related offences 05 Abduction, harassment and other offences against the person 15 Offences against justice procedures, government security and government operations
Communications	Includes offences relating to the use of computers, postal service and other telecommunications as channels in the carriage of crime, such as threatening others via the Internet.	Crimes Act 1914 Criminal Code Act 1995 Postal Services Act 1975 Radio communications Act 1992	03 Sexual assault and related offences 05 Abduction, harassment and other offences against the person 08 Theft and related offences 09 Fraud, deception and related offences 10 Illicit drug offences 11 Prohibited and regulated weapons and explosives offences 12 Property damage and environmental pollution 13 Public order offences 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences
Defence	Includes offences which breach defence force legislation and involve defence force persons or property.	Defence Act 1903 Defence Force Discipline Act 1982	04 Dangerous or negligent acts endangering persons 09 Fraud, deception and related offences 13 Public order offences 15 Offences against justice procedures, government security and government operations
Drugs	Includes offences relating to the import/export, manufacturing, supply, possession and/or use of drugs or other illicit substances as well as the misrepresentation of licit drug products.	Criminal Code Act 1995 Therapeutic Goods Act 1989	04 Dangerous or negligent acts endangering persons 10 Illicit drug offences
Environment	Includes offences related to environmental protection, wildlife conservation and the harming of protected species. Environmental offences related to the sea are counted under Maritime and Illegal fishing.	Environment Protection and Biodiversity Conservation Act 1999 Environment Protection and Biodiversity Conservation Regulations 2000 Great Barrier Reef Marine Park Act 1975 Great Barrier Reef Marine Park Regulations 1983 and 2019 Offshore Petroleum and Greenhouse Gas Storage Act 2006	16 Miscellaneous offences
Financial	Includes offences relating to the improper handling of finance, such as bankruptcy, import/export of counterfeit money and the improper use of public money.	Anti-Money Laundering and Counter-Terrorism Financing Act 2006 Australian Securities and Investments Commission Act 2001 Bankruptcy Act 1966 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Corporations Act 2001 Crimes (Currency) Act 1981 Criminal Code Act 1995 Financial Transaction Reports Act 1988 National Consumer Credit Protection Act 2009	08 Theft and related offences 09 Fraud, deception and related offences 12 Property damage and environmental pollution 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences
Fraud	Includes offences relating to false or misleading statements for personal gain such as insurance claims, identification and misrepresentation of accreditation. Trademark and copyright infringements are also counted in this category.	Competition and Consumer Act 2010 Copyright Act 1968 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Crimes Act 1914 Criminal Code Act 1995 Health Insurance Act 1973 National Measurement Act 1960 Statutory Declarations Act 2959 Trade Marks Act 1995	08 Theft and related offences 09 Fraud, deception and related offences 13 Public order offences 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences
Illegal fishing	Includes offences relating to unlawful fishing in Australian waters, such as fishing without a licence and fishing by foreign vessels.	Fisheries Management Act 1991 Torres Strait Fisheries Act 1984	16 Miscellaneous offences
Illegal use/ importation of weapons	Includes offences related to the illegal use or removal of firearms, other weapons and explosives.	Criminal Code Act 1995	11 Prohibited and regulated weapons and explosives offences
Import/export offences	Includes breaches against import and export regulations set out by customs and quarantine control legislation.	Biosecurity Act, 2015 Criminal Code Act 1995 Customs Act 1901 Customs (Prohibited Imports) Regulations 1956 Export Control Act 1982 Quarantine Act 1908	03 Sexual assault and related offences 09 Fraud, deception and related offences 10 Illicit drug offences 11 Prohibited and regulated weapons and explosives offences 13 Public order offences 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences
International	Includes offences initiated overseas or related to foreign persons such as harming Australians overseas, war crimes, recruitment to serve in armed forces in foreign states and the transfer of prisoners across borders.	Autonomous Sanctions Act 2011 Charter of the United Nations Act 1945 Crimes (Foreign Incursions and Recruitment) Act 1978 Criminal Code Act 1995 Weapons of Mass Destruction (Prevention of Proliferation) Act 1995	15 Offences against justice procedures, government security and government operations
Justice	Includes offences related to breach of justice orders, escaping from custody or immigration detention, subverting the course of justice and failure to vote.	Australian Crime Commission Act 2002 Australian Federal Police Act 1979 Commonwealth Electoral Act 1918 Commonwealth Prisoners Act 1967 Crimes Act 1914 Criminal Code Act 1995 Royal Commissions Act 1902 Service and Execution of Process Act 1992	09 Fraud, deception and related offences 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences
Maritime	Includes offences occurring in or affecting Australia's maritime environment, excluding illegal fishing.	Historic Shipwrecks Act 1978 Marine Order 30 (Prevention of collisions) 2016 Maritime Transport and Offshore Facilities Regulations 2003 Navigation Act 2012	04 Dangerous or negligent acts endangering persons 13 Public order offences
Migration	Includes breaches of Australian citizenship and migration legislation such as passport fraud, falsely holding a visa and breaking visa conditions.	Australian Citizenship Act 2007 Australian Passports Act 2005 Foreign Passports (Law Enforcement and Security) Act 2005 Migration Act 1958 Passports Act 1938	09 Fraud, deception and related offences 11 Prohibited and regulated weapons and explosives offences 15 Offences against justice procedures, government security and government operations
People smuggling	Includes offences related to the organised movement of people into Australia illegally.	Criminal Code Act 1995 Migration Act 1958	09 Fraud, deception and related offences 15 Offences against justice procedures, government security and government operations
Proceeds of crime	Includes the handling of money or property gained through criminal activity.	Criminal Code Act 1995 Proceeds of Crime Act 1987	08 Theft and related offences 09 Fraud, deception and related offence
Security	Includes offences related to the security of Commonwealth property such as espionage and treason.	Crimes Act 1914 Criminal Code Act 1995	15 Offences against justice procedures, government security and government operations
Social security	Includes making false claim or statement in relation to social security benefits, pensions and allowances.	A New Tax System (Family Assistance) (Administration) Act 1999 Social Security (Administration) Act 1999 Social Security Act 1991 Student Assistance Act 1973	09 Fraud, deception and related offences
Tax	Includes tax fraud, failure to lodge a tax return or to pay tax, as well as offences related to non-registered tax agents.	A New Tax System (Australian Business Number) Act 1999 Excise Act 1901 Taxation Administration Act 1953	09 Fraud, deception and related offences 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences
Terrorism	Includes terrorist acts, preparing or training for terrorist acts, or possessing things connected with terrorist acts.	Criminal Code Act 1995	15 Offences against justice procedures, government security and government operations
Transport	Includes interstate road offences and breaches of railways by-laws.	Airports (Control of on-Airport Activities) Regulations 1997 Australian National University Act 1991 Interstate Road Transport Act 1985 Interstate Road Transport Regulations 1986 Motor Vehicle Standards Act 1989 Open Areas Parking Rule 2014	14 Traffic and vehicle regulatory offences
Other	Includes offences that have not been counted elsewhere.	Agricultural and Veterinary Chemicals Code Act 1994 Census and Statistics Act 1905 Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Competition and Consumer Act 2010 Criminal Code Act 1995 Family Law Act 1975 Marriage Act 1961 Tobacco Plain Packaging Act 2011	13 Public order offences 15 Offences against justice procedures, government security and government operations 16 Miscellaneous offences

Sentence type classification

Show all

This classification includes sentence codes, categories and definitions for each sentence type included in the Federal Defendants, Australia collection. For additional information about sentencing practices adopted by each state and territory, and how these may impact on the comparability of the data presented in this collection, please refer to State and territory comparability.

Code				Sentence Type and Description
1000				Custodial Orders
				Sentences which impose a specified period of restricted liberty on a person through detainment in an institution, a home, or through intensive supervision while residing in the community. Includes: 1100 Custody in a correctional institution 1200 Custody in the community 1300 Fully suspended sentences
	1100			Custody in a correctional institution
				Sentences that require a person to be detained within a facility, built especially for the purpose of incarceration. Includes: 1110 Life and indeterminate imprisonment 1120 Imprisonment 1130 Periodic detention 1140 Juvenile detention
		1110		Life and indeterminate imprisonment
				Life Imprisonment: A sentence requiring a person to serve time in custody for a minimum time, specified by the court or other administrative body (e.g. Parole Board). This can, but does not necessarily mean, that a person may be held in custody for the full duration of his/her natural life. Indeterminate Imprisonment: A sentence dealt to those declared to be habitual criminals, those deemed not responsible for their actions due to a mental or intellectual impairment, or those sentenced to imprisonment where no formal release date has been set. The prisoner may be released at any time at the discretion of the administrative body responsible for making that decision (e.g. Parole Board).
		1120		Imprisonment
				A sentence requiring a person to be detained within a facility built especially for the purpose of incarceration. Includes: 1121 Imprisonment with a determined term 1122 Imprisonment with a partially suspended term
			1121	Imprisonment with a determined term
				A sentence requiring a person to be detained, within a facility built especially for the purpose of incarceration, for a specified period of time.
			1122	Imprisonment with a partially suspended term
				A sentence requiring a person to be detained within a facility built especially for the purpose of incarceration, for part of a specified period of time, subject to the person being of good behaviour.
		1130		Periodic detention
				A sentence requiring a person to be in custody for two consecutive days in a week (e.g. weekends) and remain at liberty during the rest of the week.
		1140		Juvenile detention
				A sentence requiring a juvenile person to be detained within a facility built especially for the purpose of incarceration. Includes: 1141 Juvenile detention with a determined term 1142 Juvenile detention with a partially suspended term
			1141	Juvenile detention with a determined term
				A sentence requiring a juvenile person to be detained within a facility, built especially for the purpose of incarceration, for a specified period of time.
			1142	Juvenile detention with a partially suspended term
				A sentence requiring a juvenile person to be detained within a facility, built especially for the purpose of incarceration, for part of a specified period of time, subject to the person being of good behaviour.
	1200			Custody in the community
				An alternative to full time imprisonment, requiring a person to have restricted liberty for the duration of their sentence which is carried out in an approved community location under strict supervision. Includes: 1210 Intensive corrections orders 1220 Home detention 1290 Other custody in the community, n.e.c.
		1210		Intensive corrections orders
				A sentence, served in the community, that places restrictions on the liberty of the person and requires them to report to a correctional services officer on a regular basis for a specified period of time. Includes: intensive supervision/corrections orders and fully suspended sentences (with conditions).
		1220		Home detention
				A sentence requiring a person to be confined to their home or another approved place of residence for the duration (or part) of the sentence of imprisonment. Involves restrictions to liberty and strict supervision (e.g. electronic monitoring).
		1290		Other custody in the community, n.e.c.
				A sentence, served in the community, which restricts the liberty of a person for a specified period of time, while they reside within an approved location - which has not been described elsewhere (i.e. 1200, 1210 or 1220).
	1300			Fully suspended sentences
				A sentence which releases a person into the community, subject to them being of good behaviour for the length of the sentence. Includes: 1310 Fully suspended adult sentence 1320 Fully suspended juvenile sentence
		1310		Fully suspended adult sentence
				A sentence which releases a person into the community, subject to them being of good behaviour for the length of the sentence. Excludes fully suspended sentences that have added conditions other than good behaviour (these are classified to sentence code 1210).
		1320		Fully suspended juvenile sentence
				A sentence which releases a juvenile person into the community, subject to them being of good behaviour for the length of the sentence.
2000				Non-custodial Orders
				Orders that do not involve a person being held in custody. Includes: 2100 Community supervision or work orders 2200 Monetary orders 2900 Other non-custodial orders
	2100			Community supervision or work orders
				An order requiring a person to perform work within the community or report to a person nominated by the court (e.g. a justice official). Includes: 2110 Community service orders 2120 Probation orders 2130 Treatment orders 2140 Referral to conference
		2110		Community service orders
				An order requiring a person to undertake a specified number of hours of unpaid work for the community.
		2120		Probation orders
				An order requiring a person to report periodically to an authorised officer. Excludes orders that contain periods of restricted liberty.
		2130		Treatment orders
				An order requiring a person to undertake a specified rehabilitation program aimed at behavioural or attitudinal modification e.g. drug or alcohol treatment programs.
		2140		Referral to conference
				An order requiring a person to attend a group, family or community conference.
	2200			Monetary orders
				An order that requires a person pay a sum of money, usually in the form of a fine, or as recompense to victims. Includes: 2210 Fine 2220 Orders as recompense to victim 2290 Other monetary orders, n.e.c.
		2210		Fine
				A monetary penalty requiring a person to pay a sum of money to the Crown.
		2220		Orders as recompense to victim
				An order requiring a person to pay a sum of money for a purpose, other than a fine, usually in relation to reparation to a victim. Includes restitution and compensation orders.
		2290		Other monetary orders, n.e.c.
				Other monetary orders, not described elsewhere (i.e. 2210 or 2220), such as vehicle impoundment costs.
	2900			Other non-custodial orders
				Other non-custodial orders, not described elsewhere. Includes: 2910 Good behaviour bonds 2920 Licence disqualification/suspension/amendment 2930 Forfeiture of property order 2940 Nominal penalties 2990 Other non-custodial orders, n.e.c.
		2910		Good behaviour bond/recognisance orders
				An order requiring a person to be of good behaviour for a specified period of time. May include additional conditions that must be obeyed for the term of the order. Includes Recognisance orders – a condition or obligation undertaken by a defendant whereby they acknowledge, before the court, that they owe a personal debt to the state.
		2920		License disqualification/suspension/amendment
				An order relating to the cancellation/suspension or amendment of a licence/permit, or the review, or modification of conditions associated with it.
		2930		Forfeiture of property orders
				An order that deprives a person of his/her property as a penalty for some act or omission.
		2940		Nominal penalty
				An order which releases a person without a specific penalty, which may or may not have conditions attached. Includes Rising of the Court(a) and discharge/dismissal.
		2990		Other non-custodial orders, n.e.c.
				Other non-custodial orders that have not been described elsewhere (i.e. 2910, 2920, 2930 or 2940).
9000				Unknown/Not stated
				The sentence is not able to be determined.

Rising of the Court: A defendant who is proven guilty of a criminal charge(s) is sentenced to remain in custody until the final adjournment of the court for the term, usually only momentarily.

Abbreviations

Show all

ABS	Australian Bureau of Statistics
ACT	Australian Capital Territory
ANZSOC	Australian and New Zealand Sentence Offence Classification
n.e.c.	not elsewhere classified
n.f.d.	not further defined
no.	number
NOI	National Offence Index
NSW	New South Wales
NT	Northern Territory
Qld	Queensland
SA	South Australia
Tas.	Tasmania
Vic.	Victoria
WA	Western Australia

Glossary

Show all

Abduction, harassment and other offences against the person

Acts intended to threaten or harass, or acts that unlawfully deprive another person of their freedom of movement, that are against that person’s will or against the will of any parent, guardian or other person having lawful custody, or care of that person. These offences are classified to ANZSOC Division 05 which includes the following sub-divisions:

Abduction and kidnapping (051)
Deprivation of liberty/false imprisonment (052)
Harassment and threatening behaviour (053).

Acts intended to cause injury

Acts which are intended to cause non-fatal injury or harm to another person, where there is no sexual or acquisitive element; excludes attempted murder, or acts resulting in death. These offences are classified to ANZSOC Division 02 which includes the following sub-divisions:

Assault (021)
Other acts intended to cause injury (029).

Age

A defendant's age is calculated at the date their matter(s) was finalised in the criminal court.

All Courts

All Courts data refer to the grouping of Higher Courts, Magistrates' Courts and Children's Courts.

Australian and New Zealand Standard Offence Classification (ANZSOC)

Aviation

A federal offence group – includes a range of offences impacting on the operation of aviation and airports throughout Australia.

Case

One or more criminal charges, relating to one or more individuals (or organisations), which are heard together by the court as one unit of work.

Charge

An allegation that has been laid before a court by the police, Director of Public Prosecutions or other prosecuting agency that an individual (or organisation) has committed a criminal offence.

Child pornography offences (also referred to as Child abuse material offences)

The production, possession, distribution, or display of pornographic or abusive material of a child under the age of consent. These offences are classified to ANZSOC Group 0322. The preferred terminology to cover such offences is now “Child abuse material offences”, but the 2019–20 publication uses an expanded label for clarity.

Child sexual abuse offences

A federal offence group from 2019–20 – includes child sexual abuse offences, child abuse material offences, and using a carriage service to groom a child to engage in sexual activity.

Child sexual exploitation offences

A federal offence group prior to 2019–20 – includes child abuse material offences and using a carriage service to groom a child to engage in sexual activity. This category has now been expanded to include Commonwealth sexual offences against a minor, and re-labelled Child sexual abuse offences.

Children's Court

A lower court level which is presided over by a judge/magistrate and has the jurisdiction to hear cases and sentence criminal charges against persons (generally) aged less than 18 years at the time the offence occurred. May also determine some minor indictable offences and conduct committal proceedings in relation to young people who have been charged with major indictable offences.

Commercial/industry/financial regulation

Breaches of regulations designed to protect an industrial, commercial or financial activity, comprising acts that are harmful to persons, acquisitive, or deceptive and are not directed at health and safety and pollution control (i.e. they cannot be appropriately placed elsewhere). These offences are classified to ANZSOC Sub-division 163.

Commonwealth officials

A federal offence group – includes offences such as bribing, threatening, harming or impersonating a Commonwealth official. Offences against foreign officials are also included.

Commonwealth property

A federal offence group – includes offences that relate to theft, burglary or damage occurring on, or in relation to, Commonwealth property.

Commonwealth sexual offences

A federal offence group – includes offences of a sexual nature such as sex trafficking, debt bondage and sexual slavery. This category previously included sexual offences against a minor, but from 2019–20 these offences are included in Child sexual abuse offences.

Communications

A federal offence group – includes offences relating to the use of computers, phones, postal service and other telecommunications devices as channels in the carriage of crime, such as threatening others online.

Court level

Represents the level (of court) in which a defendant's case(s) was finalised (see Finalised defendant). Court levels can be distinguished from one another based on the extent of their legal powers (see Jurisdiction). For the purposes of this publication Court level has been grouped into the following three categories:

Higher Court (Intermediate and Supreme Court)
Magistrates' Court (Court of Summary Jurisdiction)
Children's Court.

Court of Summary Jurisdiction

Lower courts which are presided over by a magistrate and have the jurisdiction to hear and sentence matters relating to summary (i.e. less serious) offences, or conduct preliminary (committal) hearings for indictable offences. In some circumstances, this court level may also deal with less serious indictable offences known as 'minor indictable' or 'triable either way' offences. Includes Magistrates' Courts, Local Courts or Courts of Petty Sessions (depending on the state/territory), and Children’s Courts.

Dangerous or negligent acts endangering persons

Dangerous or negligent acts (though not intended to cause harm) which actually, or potentially, result in injury to oneself or another person. These offences are classified to ANZSOC Division 04, which includes the following sub-divisions:

Dangerous or negligent operation of a vehicle (041)
Other dangerous or negligent acts endangering persons (049).

Date of finalisation

The latest date on which all charges laid against a defendant within the one case are regarded as formally completed, and the defendant ceases to be an active unit of work for that particular court level.

Date of initiation

The date in which a defendant’s case is initiated into the court, and can be either the date of committal or the date of registration (depending on the process of entry into that level of court). For defendants committed from a Magistrates' Court to a Higher Court, the date of committal is used for the date of initiation. For defendants who have any other method of initiation, including direct presentment to a Higher Court by ex-officio, the date of registration for that court level is used as the date of initiation. Where there are multiple dates of initiation for a defendant (i.e. for different charges) and these charges were all finalised at the same time, the earliest date of initiation is used (for the purposes of deriving duration (i.e. length) of a defendant’s case for this publication).

Defence

A federal offence group – includes offences which breach defence force legislation and involve defence force personnel or property.

Defendant

A person or organisation against whom one or more criminal charges have been laid.

District Court

See: Intermediate Court

Drugs

A federal offence group – includes offences relating to the import/export, manufacturing, supply, possession and/or use of drugs or other illicit substances as well as the misrepresentation of licit drug products.

Duration

The time elapsed between the earliest date of initiation and the latest date of finalisation for a defendant whose case(s) has ceased to be an item of work for the particular court level.

Environment

A federal offence group – includes offences related to environmental protection, wildlife conservation and the harming of protected species. Environmental offences related to the sea are counted under the Maritime and Illegal fishing category.

Federal defendant

A person or organisation against whom one or more criminal charges have been laid under Commonwealth legislation.

Federal offence group

A broad categorisation of federal offences, developed in collaboration with the Australian Department of Home Affairs. The federal offence group categories do not relate to ANZSOC; rather, they are amalgamations of Commonwealth Acts/Sections. For further detail and concordance between federal offence group categories and the associated Commonwealth Acts/Sections see Federal Offence Group.

Finalised defendant

A person or organisation for whom all charges relating to the one case have been formally completed so that the defendant ceases to be an item of work to be dealt with by the court. Most commonly finalisation occurs when a defendant is found guilty (either by entering a guilty plea or being found guilty by the court) and sentenced, acquitted, or transferred to another court level, or when the case is withdrawn by the prosecution.

Financial

A federal offence group – includes offences relating to the improper handling of finance, such as bankruptcy, import/export of counterfeit money and the improper use of public money.

Fraud

A federal offence group – includes offences relating to false or misleading statements for personal gain such as insurance claims, identification and misrepresentation of accreditation. Trademark and copyright infringements are also counted in this category.

Fraud, deception and related offences

Offences involving a dishonest act or omission carried out with the purpose of deceiving to obtain benefit. These offences are classified to ANZSOC Division 09 which includes the following sub-divisions:

Obtain benefit by deception (091)
Forgery and counterfeiting (092)
Deceptive business/government practices (093)
Other fraud and deception offences (099).

Guilty outcome

Defendants who either pled guilty, were found guilty by the court or were found guilty ex parte. In previous publications the phrase used for these outcomes was “proven guilty”. While the phrase has changed the definition remains the same.

Harassment and threatening behaviour

Actions that harass or are intended to harass, threaten or invade the privacy of an individual, not amounting to an assault, sexual assault, stalking, blackmail or extortion. The action can be face-to-face, written, or made through a carriage service (e.g. phone, computer, etc.). These offences are classified to ANZSOC Sub-division 053 which includes the following groups:

Harassment and private nuisance (0531)
Threatening behaviour (0532).

Higher Court

The criminal jurisdiction of an Intermediate or Supreme Court.

Homicide and related offences

Unlawfully kill, attempt to unlawfully kill, or conspiracy to kill another person. These offences are classified to ANZSOC Division 01 which includes the following sub-divisions:

Murder (011)
Attempted murder (012)
Manslaughter and driving causing death (013).

Illegal fishing

A federal offence group – includes offences relating to unlawful fishing in Australian waters, such as fishing without a licence and fishing by foreign vessels.

Illegal use/importation of weapons

A federal offence group – includes offences related to the illegal use or removal of firearms, other weapons and explosives.

Illicit drug offences

The possession, sale, dealing or trafficking, importing or exporting, manufacturing or cultivating of drugs or other substances prohibited under legislation. These offences are classified to ANZSOC Division 10 which includes the following sub-divisions:

Import or export illicit drugs (101)
Deal or traffic in illicit drugs (102)
Manufacture or cultivate illicit drugs (103)
Possess and/or use illicit drugs (104)
Other illicit drug offences (109).

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. These offences are classified to ANZSOC Group 1543.

Import or export illicit drugs

Actions resulting or intended to result in either the importation of illicit drugs or controlled substances into Australia, or the exportation of illicit drugs or controlled substances from Australia. These offences are classified to ANZSOC Sub-division 101 which includes the following groups:

Import illicit drugs (1011)
Export illicit drugs (1012).

Import/export offences

A federal offence group – includes breaches against import and export regulations set out by customs and quarantine control legislation.

Indictable offence

A serious criminal offence as defined by specific Commonwealth, state and territory legislation. Charges relating to indictable offences generally require a trial and/or sentence hearing in a Higher Court. Under some circumstances, a defendant can elect to have these charges dealt with in a Court of Summary Jurisdiction.

Intermediate Court

Higher Courts which are presided over by a judge and have legal powers that fall between those of the Court of Summary Jurisdiction and a Higher Court, to trial and sentence matters relating to most indictable (i.e. serious) offences; includes District Courts and County Courts (depending on the state/territory). Tasmania, the Northern Territory and the Australian Capital Territory do not have an Intermediate Court and all indictable offences are heard in the Supreme Court.

International

A federal offence group – includes offences initiated overseas or related to foreign persons such as harming Australians overseas, war crimes, recruitment to serve in armed forces in foreign states and the transfer of prisoners across borders.

Jurisdiction

The legal power or authority which may be exercised by a particular court level within which, judgements or orders of the court can be enforced or executed. Each court level has its own defined jurisdictional limits and these vary across states and territories.

Justice

A federal offence group – includes offences related to breach of justice orders, escaping from custody or immigration detention, subverting the course of justice and failure to vote.

Magistrates' Court

A lower court presided over by a magistrate which has the jurisdiction to hear and sentence summary (i.e. less serious) offences and to conduct preliminary (committal) hearings for indictable offences. In some circumstances, this court level may also deal with less serious indictable offences known as 'minor indictable' or 'triable either way' offences. Includes the Local Court and Court of Petty Sessions (depending on the state/territory). See: Court of Summary Jurisdiction for further information.

Maritime

A federal offence group – includes offences occurring in or affecting Australia's maritime environment, excluding illegal fishing.

Mean

The sum of the value of each observation in a dataset divided by the number of observations. This is also known as the arithmetic average.

Median

The middle value in a distribution when values are arranged in ascending or descending order.

Method of finalisation

Refers to the way in which a criminal charge(s) for a defendant has been completed (finalised) by the court, so that it ceases to be an item of work for that particular court level. The method of finalisation classification presents a full list of the categories/methods of finalisation in scope of this publication, including definitions for each of these.

Migration

A federal offence group – includes breaches of Australian citizenship and migration legislation such as passport fraud, falsely holding a visa and breaking visa conditions.

Minor indictable offence

See: Triable either way offence.

Miscellaneous offences

Offences involving the breach of statutory rules or regulations, governing activities that are prima facie legal where such offences are not explicitly dealt with under any other ANZSOC division. These offences are classified to ANZSOC Division 16 which includes the following sub-divisions:

Defamation, libel and privacy offences (161)
Public health and safety offences (162)
Commercial/industry/financial regulation (163)
Other miscellaneous offences (169).

National Offence Index

The National Offence Index (NOI) provides an ordinal ranking of the offence categories in the Australian and New Zealand Standard Offence Classification (ANZSOC), 2011 according to perceived seriousness, in order to determine a defendant’s principal offence. The National Offence Index is available from the ABS website.

Non-assaultive sexual offences

Offences of a sexual nature, or intent thereof, against another person that do not involve physical contact with the person and where the person does not give consent, gives consent as a result of intimidation or deception, or consent is prescribed (i.e. the person is legally deemed incapable of giving consent because of youth, temporary or permanent (mental) incapacity or there is a familial relationship). These offences are classified to ANZSOC Sub-division 032 which includes the following groups:

Non-assaultive sexual offences against a child (0321)
Child pornography offences / child abuse material offences (0322)
Sexual servitude offences (0323)
Non-assaultive sexual offences, n.e.c. (0329).

Obtain benefit by deception

The use of deception or impersonation with the intent of dishonestly obtaining property, goods, services, or other benefit, or to avoid dis-benefit. These offences are classified to ANZSOC Sub-division 091.

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. These offences are classified to ANZSOC Sub-division 154 which includes the following groups:

Resist or hinder a government official (excluding police, justice officials, or government security officers) (1541)
Bribery involving government officials (1542)
Immigration offences (1543)
Offences against government operations, n.e.c. (1549).

Offences against government operations n.e.c.

Offences against government operations, other than those of a security nature, with the intent of impeding the normal functioning capacity of that operation. Included are offences against government statutory bodies or agencies that operate under specific government regulation. This is ANZSOC Group 1549.

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. These offences are classified to ANZSOC Division 15 which includes the following sub-divisions:

Breach of custodial order offences (151)
Breach of community-based orders (152)
Breach of violence and non-violence restraining orders (153)
Offences against government operations (154)
Offences against government security (155)
Offences against justice procedures (156).

Original jurisdiction

The power of a court to hear criminal charges against a defendant for the first time (as opposed to on appeal) and determine whether or not a defendant is proven guilty. See: Jurisdiction

Other (federal offence)

A federal offence group – includes offences that have not been classified elsewhere.

People smuggling

A federal offence group – includes offences related to the organised movement of people into Australia illegally.

Plea

A formal statement made by, or on behalf of, the defendant in response to a criminal charge that has been laid in a court. The nature of this response indicates whether or not the defendant intends to contest that charge.

Principal federal offence

The offence category, based on ANZSOC, that describes the most serious federal offence type associated with a finalised defendant. The most serious offence is determined by how the offences were finalised and/or the rankings in the National Offence Index.

Principal (federal) sentence

The main (or most serious) sentence dealt to a defendant who has been proven guilty, based on the hierarchy of the Sentence Type Classification. This classification presents a full list of categories/types of sentences in scope of this publication, including definitions for each of these.

Proceeds of crime

A federal offence group – includes the handling of money or property gained through criminal activity.

Prohibited and regulated weapons and explosives offences

Offences involving prohibited or regulated weapons and explosives. These offences are classified to ANZSOC Division 11 which includes the following sub-divisions:

Prohibited weapons/explosives offences (111)
Regulated weapons/explosives offences (112).

Property damage and environmental pollution

The wilful and/or unlawful destruction, damage, defacement or pollution of public, private, or community property – where 'destruction' means altering the property in any way so as to render it imperfect or inoperative. These offences are classified to ANZSOC Division 12 which includes the following sub-divisions:

Property damage (121)
Environmental pollution (122).

Public order offences

Offences relating to personal conduct that involves (or may lead to) a breach of public order or decency, is indicative of criminal intent, or is otherwise regulated or prohibited on moral or ethical grounds. In most cases (but not all) these offences do not involve a specific victim or victims. These offences are classified to ANZSOC Division 13 which includes the following sub-divisions:

Disorderly conduct (131)
Regulated public order offences (132)
Offensive conduct (133).

Robbery, extortion and related offences

Acts intended to unlawfully gain money, property or other items of value from, or cause detriment to another person by using the threat of force or any other coercive measure. These offences are classified to ANZSOC Division 06 which includes the following sub-divisions:

Robbery (061)
Blackmail and extortion (062).

Security

A federal offence group – includes offences related to the security of Commonwealth property such as espionage and treason.

Sentence

A penalty or penalties imposed by a court upon a defendant who is proven guilty of a criminal offence. This may be a custodial sentence such as imprisonment or a non-custodial sentence such as a fine. A sentence can also be called an order. See: Principal sentence.

Sexual assault and related offences

Acts (or intent of acts) of a sexual nature against another person, where these are non-consensual or where consent is proscribed. These offences are classified to ANZSOC Division 03 which includes the following sub-divisions:

Sexual assault (031)
Non-assaultive sexual offences (032).

Social security

A federal offence group – includes making false claim or statement in relation to social security benefits, pensions and allowances.

Summary offence

A criminal offence which is regarded as less serious relative to an indictable offence, as defined by specific Commonwealth, state or territory legislation. Charges relating to summary offences are generally dealt with by a Court of Summary Jurisdiction. However, in some states and territories, a defendant with summary charges may be transferred to a Higher Court for sentencing (e.g. if the magistrate wants to impose a penalty which exceeds his /her jurisdictional powers or if they have other indictable offences in the same case that are to be transferred (see: Indictable offence).

Supreme Court

A Higher Court presided over by a judge, which deals with the most serious criminal charges and has jurisdiction to trial and sentence matters relating to all indictable offences. In states and territories that have an Intermediate Court, the Supreme Court is usually reserved to deal with the most serious indictable offences, such as murder.

Tax

A federal offence group – includes tax fraud, failure to lodge a tax return or to pay tax, as well as offences related to non-registered tax agents.

Theft and related offences

The unlawful taking of (or obtaining) money or goods not involving the use of force, threat of force or violence, coercion, or deception, with the intent to permanently or temporarily deprive the owner (or possessor) of the use of the money or goods. Also includes the receiving or handling of money or goods obtained unlawfully. These offences are classified to ANZSOC Division 08 which includes the following sub-divisions:

Motor vehicle theft and related offences (081)
Theft (except motor vehicles) (082)
Receive or handle proceeds of crime (083)
Illegal use of property (except motor vehicles) (084).

Terrorism

A federal offence group – includes terrorist acts, preparing or training for terrorist acts, or possessing things connected with terrorist acts.

Traffic and vehicle regulatory offences

Offences relating to vehicles and most forms of traffic offences, including offences pertaining to the licensing, registration, roadworthiness or use of vehicles, bicycle offences and pedestrian offences. These offences are classified to ANZSOC Division 14 which includes the following sub-divisions:

Driver licence offences (141)
Vehicle registration and roadworthiness offences (142)
Regulatory driving offences (143)
Pedestrian offences (144).

Transport

A federal offence group – includes interstate road offences and parking offences prosecuted under Commonwealth legislation.

Triable either way offence

An indictable offence which a defendant can elect to have heard either in a Court of Summary Jurisdiction before a magistrate or in a Higher Court before a judge and jury.

Trial

The examination of (and decision on) a matter of law or fact by a court where a defendant enters a not guilty plea or other defended plea. Trials are usually conducted before a judge and jury, whereby the judge rules on questions of law and the jury is responsible for determining whether or not the defendant is guilty (although a some states and territories also allow for a trial before a judge only). Defendants can be committed to trial via a committal proceeding, or an ex-officio indictment.

Unlawful entry with intent/burglary, break and enter

The unlawful entry (forced or unforced) of a structure with the intent to commit an offence. A structure is defined as a building that is contained by walls and can be secured in some form. This includes, but is not limited to, a dwelling (e.g. house, flat, caravan), office, bank, shop, factory, school and church. These offences are classified to ANZSOC Division 07.

APA

Federal Defendants, Australia methodology

APA

About this data

Data source

Counting methodology

Confidentialisation

Key data items

Court levels

Higher Courts

Magistrates' Courts

Children's Courts

Method of finalisation

Principal federal offence (ANZSOC)

Principal federal offence groups

Principal sentence

Duration

Age of defendant

State and territory comparability

New South Wales

Northern Territory

Australian Capital Territory

Method of finalisation classification

Show all

Australian and New Zealand Standard Offence Classification (ANZSOC)

Show all

Federal offence group

Show all

Sentence type classification

Show all

Abbreviations

Show all

Glossary

Show all

Abduction, harassment and other offences against the person

Acts intended to cause injury

Age

All Courts

Australian and New Zealand Standard Offence Classification (ANZSOC)

Aviation

Case

Charge

Child pornography offences (also referred to as Child abuse material offences)

Child sexual abuse offences

Child sexual exploitation offences

Children's Court

Commercial/industry/financial regulation

Commonwealth officials

Commonwealth property

Commonwealth sexual offences

Communications

Court level

Court of Summary Jurisdiction

Dangerous or negligent acts endangering persons

Date of finalisation

Date of initiation

Defence

Defendant

District Court

Drugs

Duration

Environment

Federal defendant

Federal offence group

Finalised defendant

Financial

Fraud

Fraud, deception and related offences

Guilty outcome

Harassment and threatening behaviour

Higher Court

Homicide and related offences

Illegal fishing

Illegal use/importation of weapons

Illicit drug offences

Immigration offences

Import or export illicit drugs

Import/export offences

Indictable offence

Intermediate Court