Australia

Structure

Correctional systems are the responsibility of state and territory governments, not the federal government. [Page 56]There are no federal prisons in Australia as there are in the United States. Instead, the small number of federal prisoners who exist are housed in state prisons.

There are many regional and administrative differences and variations between each of the eight correctional systems in Australia. However, in general, each state or territory government has either a government department or a separate government-funded agency that undertakes the administration of corrections, both custodial and community, for that state or territory.

In 2001, the year for which the most recent figures are available, national expenditure on corrective services was $1.46 billion Australian dollars (AUD). Of this total, $1.3 billion (87%) was spent on prisons and correctional centers. Costs per prisoners are different for each jurisdiction, but in 2001 they ranged from $195.90 (AUD) to $108.40 (AUD) per prisoner, per day.

That same year, there were 119 operational adult correctional facilities in Australia that together held an average of 21,138 people per day. A further 1,178 people were serving periodic detention orders, which usually consists of weekend detention only. This practice allows certain prisoners to live at home and maintain work commitments during the week.

Australian prisons hold those awaiting trial or sentence (on remand), as well as those who have been sentenced to a period of incarceration, frequently within separate parts of the same facility. After arrest, offenders can usually only be held for a certain period of time by police until they must be brought before a court. If a court decides to deny them bail and remand them to custody, they will then be moved to a prison. There is no equivalent to the American jails in the one-tiered Australian correctional system.

Juvenile Justice

In all Australian states and territories, juvenile justice is the responsibility of a separate government department, which usually also administers any custodial facilities for young offenders. In most cases, the juvenile justice systems service offenders aged between 10, which is the age of criminal responsibility in Australia, and 17 years. Eighteen years is the age of legal adulthood in Australia, when persons can vote, consume alcohol, and drive a car. In some jurisdictions, offenders aged 18 years are also held in juvenile detention facilities if they were sentenced prior to turning this age. In some jurisdictions, juveniles may be transferred to adult prisons upon reaching 18 years and in others offenders aged 17 years may be placed in adult prisons if serving a long sentence. There were 604 juvenile offenders detained in custody on June 30, 2001. Juvenile justice in Australia has a range of diversionary measures and policies, including imprisonment as a last resort, which ensures that only around 1% of juveniles in contact with the criminal justice system are actually imprisoned.

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