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Federal Defendants, Australia methodology

Latest release

Reference period

2022-23 financial year

Released

9/05/2024

Next release Unknown

Overview

Scope

Defendants (persons or organisations) charged against Commonwealth legislation with a case finalised in criminal courts during the financial year 2022–23. Each case separately finalised is counted, excluding court level transfers (unless specified).

Geography

Data are available for states and territories, and Australia.

Source

Administrative data supplied to the ABS by courts administration agencies or statistical agencies in each state and territory.

Collection method

Administrative data for all finalised criminal court federal defendants in the Higher (Supreme and District/County courts) Magistrates’ and Children’s Courts, are collected annually at the completion of each financial year.

Concepts, sources and methods

Offences - the Australian and New Zealand Standard Offence Classification (ANZSOC), 2011 and the Federal offence groups.
Court outcomes - the Method of Finalisation Classification.
Penalties - the Sentence Type Classification 2023.

History of changes

An updated Sentence Type Classification was introduced for the first time in 2022–23. This has been applied at a broad level to earlier years (where possible), and any issues in consistency over time have been noted.

Data collection

Scope and Coverage

The Federal Defendants, Australia, 2022–23 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 (Supreme and District/County Courts), Magistrates' or Children's courts between 1 July 2022 and 30 June 2023. Information is presented about the offences, outcomes and sentences associated with these defendants.

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
Other (generally Commonwealth) authorities

The following are excluded from the scope of the Federal defendants collection:

Federal offences based on national laws enacted under state and territory legislation (excluded from 2016–17 onwards)
the Australian Road Rules and associated state and territory enacting legislation

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 and Norfolk Island are not included.

Data Source

Statistics presented in this publication are based on administrative unit record data supplied to the ABS by the agencies responsible for courts administration in each state and territory, except for 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. For more information see classifications under ‘Data release’.

Data processing

Counting methodology

The counting unit for this collection is the finalised defendant of a federal offence.

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. Federal offences are charges against Commonwealth legislation.

The Federal Defendants collection does not count 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

Transfers

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 (for example from a County Court to Supreme Court) are considered as finalised only once (from the level they finally left)
Defendants transferred from a Magistrates' or Children’s Court to a Higher Court (or vice versa) are considered as 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

From 2019–20 onwards, transfers are 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 enables a more accurate representation of defendant characteristics, particularly for more serious offences where transfers to a Higher Court are more common.

Data Items

Defendants who were finalised for more than one offence will have counting rules applied to determine their principal method of finalisation, offence, sentence type and other characteristics for inclusion in data tables.

Age

The age presented in the Federal Defendants data refers to the age (in years) of defendants at the time of case finalisation. It is not the age at which the defendant committed the offence.

Sex

The categories used for defendant sex are male, female, organisations, other, and unknown. The number of defendants in the category of ‘other’ is currently not published due to small numbers and inconsistent use, though these defendants are included within the total.

Court levels

Data are reported at three court levels: Higher Courts, Magistrates’ Courts and Children’s Courts.

In this publication, the Higher Courts comprises the Supreme and Intermediate Courts. All states and territories have a Supreme Court that deals with the most serious criminal matters, generally referred to as an indictable offence (such as serious sexual offences or drug trafficking). 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 most serious offences. 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.

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 most 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. Children treated as adults by the courts may also be finalised in the Magistrates' or Higher Courts.

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

Defendants are considered to be a child 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 by the courts where they were aged under 17 years.

A person can only be charged with a criminal offence where they are aged 10 years or over. Most states are currently reviewing the minimum age of criminal responsibility, with a rise in age expected. The Northern Territory and the Australian Capital Territory lifted the minimum age to 12 years (in August and November 2023 respectively) which is after the reference period of this release and data is unaffected.

Principal federal offence

Principal offence refers to the most serious offence (based on ANZSOC) associated with a finalised defendant. For defendants finalised with a single offence type, this is their principal offence.

For defendants with multiple offence charges finalised at the same time, the following are used to assign a principal federal offence:

Method of finalisation group
Sentence type and length/amount imposed
National Offence Index (NOI) ranking

For 2017–18 and prior years, the principal federal offence is based on the method of finalisation and NOI only. The 2020–21 publication introduced sentence type and length/amount to the principal federal offence allocation rule, for data from 2018–19 onwards. The new derivation applies to both the ANZSOC principal offence, and the principal federal offence group.

Where a defendant has multiple charges, their principal federal offence is determined using a multi-step process. The first is to code the outcome for each offence to a method of finalisation group, which is then ranked as follows:

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

The charge with the highest ranked method of finalisation group is allocated as the principal federal offence.

If there are multiple charges with the same method of finalisation group, the offence with the most serious sentence (based on the Sentence type classification) is allocated as the principal federal offence. If multiple charges received the same sentence type, the offence with the greatest sentence length/amount is allocated as the principal federal offence.

The NOI, which ranks offences according to perceived seriousness, is used to select the principal federal offence where there are multiple charges and they have the same method of finalisation group, sentence type and sentence length/amount.

For example, for a federal defendant with guilty outcomes for assault receiving a three-month sentence to custody in a correctional institution, and import of illicit drugs receiving a nine-month sentence to custody in a correctional institution, their principal offence would be import of illicit drugs. This is different from the methodology previously used, where the principal offence would be assault. Any charges for the same defendant withdrawn or not proven would not be considered.

Method of finalisation

Method of finalisation refers to how a charge is concluded by a criminal court. For defendants who had multiple charges with varying outcomes, the method of finalisation is assigned based on the following order of precedence:

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

Principal federal sentence

Federal 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. For ease of reading, the term is abbreviated to principal sentence throughout this publication.

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

Compound (or ‘complex’) sentences can be broadly defined as sentences, served in the community, that include various components or conditions, such as program attendance, community work, drug or alcohol treatment, counselling and education. These sentences are becoming increasingly common across states and territories due to their flexibility, with judges/magistrates able to tailor a sentence to suit the circumstances of an offender and their offending, whilst providing for both restitution and rehabilitation.

The Sentence type classification 2023 has been designed to reflect the severity of compound sentences, and improve comparability of sentences within and across states and territories. This is done by taking into consideration the components or conditions imposed within each compound sentence when coding to the classification, so that sentences of a similar nature and level of severity are categorised together.

Data for the 2022–23 cycle was collected according to this approach, and historical data for the years prior were also mapped to the new classification. The application of the new classification has, for several jurisdictions, resulted in changes of the treatment of some sentence orders, see Data comparability – State and territory notes for more detail.

Duration

Duration is a measure of court timeliness, representing the time taken (in days) between the date a defendant’s case(s) was initiated in court (through committal or registration) and the date they ceased to be an item of work for the court as follows:

Duration = Date of finalisation – Date of initiation + 1

Revisions

An updated Sentence Type Classification was introduced for the first time in 2022–23 data. This has been backcast at a broad level to principal sentences in earlier years (where possible), and any issues in consistency over time have been footnoted.

Some offences previously assigned to 05 Communications group have now been assigned to 02 Child sexual abuse offences. For the 2022–23 release, data for these federal offence groups have been revised from 2020–21.

Data release

Classifications

Classifications provide a framework for organising and presenting data in a comparable and consistent manner. The key classifications used for this collection are:

ANZSOC

Offence data are presented according 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'
Child pornography is also referred to as child abuse material offences.

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 federal defendants data.

The federal offence groups are not a formal 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 groups.

The federal offence groups presented are largely based on the Commonwealth Act 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.

A principal federal offence group is assigned by selecting a defendant’s principal offence (as outlined in Principal federal offence) and then using the underlying legislation to select the corresponding federal offence group. For a small number of defendants, where there is more than one federal offence group associated with the defendant's highest ranking ANZSOC offence, the following secondary hierarchy (of federal offence categories) is applied to select the principal federal offence group:

Human trafficking, slavery and sexual offences
Child sexual abuse offences
Drugs
Terrorism
International
Commonwealth officials
Justice offences
Social Security
Fraud
Migration offences
Defence
Proceeds of Crime
Illegal Fishing
Financial
Import/Export Offences
Communications
Maritime
Environmental
People Smuggling
Tax
Security
Commonwealth property
Transport
Aviation
Other
Illegal use/importation of weapons

From 2021–22, the offences included in the category ‘Terrorism’ have been expanded to include international terrorism or foreign incursion offences, advocating for terrorism, offences relating to control or preventative detention orders, and failure to provide information relating to terrorist acts which are either new offences or were previously coded to federal offence groups of ‘Security’, ‘Justice’, or ‘International’. For more information on the Acts included refer to the Federal offence groups.

Prior to 2019–20, the category 'Commonwealth sexual offences' included sexual offences against a minor. These offences have since 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. Subsequently, in 2021-22, the federal offence category ‘Commonwealth sexual offences’ was relabelled ‘Human trafficking, slavery and sexual offences’ to better reflect the remaining content.

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 or not the defendant is guilty of the charge(s) against them
Non-adjudicated finalisation – a charge(s) considered to have been completed even though a judgement has not been handed down by the court (e.g. withdrawn by the prosecution, defendant deceased, unfit to plead, or transfers to non-court agencies)
Transfers to other court levels – a court order for the criminal charge(s) to be transferred to another court level for adjudication or sentencing

Sentence type

The Sentence Type Classification 2023 describes the types of sentences that are handed down by the court for offences with a guilty outcome, and includes the main categories of:

Custody in a correctional institution
Intensive penalty in the community
Fully suspended sentence of imprisonment
Community service/work
Moderate penalty in the community
Monetary orders (largely fines)
Good behaviour (incl. bonds)
Nominal and other penalties

The previous Sentence Type Classification was used for releases prior to 2022–23. However, earlier data has been transitioned to the new classification structure where possible, to provide time series comparability.

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

Confidentiality

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, perturbation has been applied to all data presented in this publication, to randomly adjust cell values and summary variables. This technique involves small, random adjustment of the statistics 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 of a total will not necessarily be the same as the published total, in some tables. As such, proportions may add to more or less than 100%. Readers are advised to use the published totals rather than deriving totals based on the component cells. Cells with 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.

Data comparability

National 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.

State and Territory comparability

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.

An updated Sentence Type Classification was introduced in the 2022–23 release. While principal sentence results from previous years were broadly mapped to the new categories, full backcasting was not possible due to the extra detail which would be required. Further, there were changes in sentence coding for 2022–23 which also contributed to movements in the Principal Sentence data as noted in the applicable state and territory notes below.

New South Wales

With the introduction of the new Sentence Type Classification, from 2022–23 fully suspended sentences with supervision under Commonwealth legislation are coded to Intensive custody in the community. In addition, some community orders including Good behaviour orders with conditions are now coded to Moderate penalty in the community where appropriate.

Queensland

From 2021–22 there has been a change in the reporting of sentences that include both a term of imprisonment and a Good Behaviour Order (GBO). In previous years this sentence combination has been reported as GBO only, and this has been amended to also report the term of imprisonment. The change resulted in an increase in custody in a correctional institution and a decrease in Good behaviour bond/recognisance order in Queensland in 2021–22. Caution should be used when comparing with data prior to 2021–22.

Western Australia

Between 2012–13 and 2021–22, intensive supervision orders (both adult and juvenile) were coded as community service or a moderate penalty in the community. However, from 2022–23 the new Sentence Type Classification better reflects the nature and severity of the conditions imposed, resulting in an increase in defendants sentenced to an intensive penalty in the community, and associated decrease in community service and moderate penalty in the community.

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. From 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.

Federal defendants in the ACT are also over-represented in Public order offences, which mostly relates to offences of trespassing on Commonwealth property.

Method of finalisation classification

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

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 129 Charge not proven (not elsewhere classified)
		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 (not elsewhere classified)
			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 (not elsewhere classified)
	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 (not elsewhere classified)
		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 (not elsewhere classified)
			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 (not elsewhere classified)
			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 Childrens Court and transfers to Specialist Courts.
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 (not elsewhere classified)
	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 (not elsewhere classified)
			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.

Australian and New Zealand Standard Offence Classification (ANZSOC)

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The Australian and New Zealand Standard Offence Classification (ANZSOC), 2011 provides a uniform statistical framework for classifying criminal behaviour in the production and analysis of crime and justice statistics.

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, nec
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 (listed in the publication as Child abuse material offences)
		0323			Sexual servitude offences
		0329			Non-assaultive sexual offences, nec
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, nec
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), nec
	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
	92			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, nec
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, nec
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, nec
	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, nec
12			Property damage and environmental pollution
	121			Property damage
		1211			Property damage by fire or explosion
		1212			Graffiti
		1219			Property damage, nec
	122			Environmental pollution
		1221			Air pollution offences
		1222			Water pollution offences
		1223			Noise pollution offences
		1224			Soil pollution offences
		1229			Environmental pollution, nec
13			Public order offences
	131			Disorderly conduct
		1311			Trespass
		1312			Criminal intent
		1313			Riot and affray
		1319			Disorderly conduct, nec
	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, nec
	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, nec
	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, nec
	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, nec
	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, nec
	155			Offences against government security
		1551			Resist or hinder government officer concerned with government security
		1559			Offences against government security, nec
	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, nec
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, nec
	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, nec

Federal offence group

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Federal offence group category	Acts included	ANZSOC divisions included
Aviation	Airports (Control of On-Airport Activities) Regulations 1997, Civil Aviation Regulations 1988, Civil Aviation Safety Regulations 1998, Civil Aviation Act 1988, Crimes (Aviation) Act 1991, Aviation Transport Security Act 2004, Aviation Transport Security Regulations 2005, Air Navigation Regulations 1947, Civil Aviation Safety Regulations 1998, Crimes Aviation Act 1991	02, 04, 05, 09, 11, 13, 14, 15, 16
Child sexual abuse offences	Criminal Code Act 1995, Crimes Act 1914	03, 13, 15
Commonwealth officials	Criminal Code Act 1995	02, 05, 09, 15
Commonwealth property	Criminal Code Act 1995, Crimes Act 1914, Public Order (Protection of Persons and Property Act 1971	06, 08, 09, 12, 13, 15
Communications	Criminal Code Act 1995, Crimes Act 1914, Radiocommunications Act 1992, Telecommunications Act 1997, Telecommunications Act 1975, Postal Services Act 1975	03, 05, 08, 09, 10, 11, 12, 13, 15, 16
Defence	Defence Act 1903, Defence Force Discipline Act 1982, Defence Trade Controls Act 2012	04, 09, 13, 16
Drugs	Criminal Code Act 1995, Therapeutic Goods Act 1989	09, 10, 16
Environment	Environment Protection and Biodiversity Conservation Act 1999, Great Barrier Reef Marine Park Act 1975, Great Barrier Reef Marine Park Act 1975, Great Barrier Reef Marine Park Regulations 2019, Offshore Petroleim and Greenhouse Gas Storage Act 2006, Environment Protection and Biodiversity Conservation Regulations 2000	13, 14, 16
Financial	Criminal Code Act 1995, Corporations Act 2001, Crimes (Currency) Act 1981, Bankruptcy Act 1966, Australian Securities and Investments Commission Act 2001, Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Financial Transaction reports Act 1988, Financial Transaction Reports Act 1992	08, 09, 15, 16
Fraud	Criminal Code Act 1995, Crimes Act 1914, Statutory Declarations Act 1959, National Health Act 1953, Health Insurance Act 1953, Health Insurance Act 1973, National Vocational Education and Training Regulator Act 2011, National Measurement Act 1960	08, 09, 13, 15, 16
Human trafficking, slavery and sexual offences	Criminal Code Act 1995	03, 05
Illegal fishing	Torres Strait Fisheries Act 1984	16
Illegal use/ importation of weapons	Criminal Code Act 1995	11
Import/export offences	Customs Act 1901, Export Control Act 1982, Biosecurity Act 2015	02, 03, 09, 10, 11, 13, 15, 16
International	Criminal Code Act 1995	02
Justice	Court Security Act 2013, Crimes Act 1914, Commonwealth Electoral Act 1918, Law Enforcement Integrity Commissioner Act 2006	09, 11, 15, 16
Maritime	Navigation Act 2012, Maritime Transport and Offshore Facilities Regulations 2003, Marine Safety (Domestic Commercial Vessel)National Law Act 2012, Protection of the Sea (Prevention of Pollution from Ships) Act 1983, Marine Order 21 (Safety and Emergency Arrangements Act) 2016	12, 13, 14, 16
Migration	Australian Passports Act 2005, Migration Act 1958, Australian Citizenship Act 1948, Foreign Passports (Law Enforcement and Security) Act 2005, Passports Act 1938	08, 09, 11, 15
People smuggling	Migration Act 1958	09, 15
Proceeds of crime	Criminal code Act 1995, Proceeds of Crime Act 1987	08, 09
Security	Criminal Code Act 1995, Crimes Act 1914, Intelligence Services Act 2001	15, 16
Social security	Social Security Act 1947, Criminal Code Act 1995	09
Tax	Taxation Administration Act 1953, Excise Act 1901	09, 13, 15, 16
Terrorism	Criminal Code Act 1995, Crimes (Foreign Incursions and Recruitment) Act 1978, Crimes Act 1914, Counter-Terrorism (Temporary Exclusio Orders) Act 2019	15
Transport	Airports (Control of on Airport Activities) Regulations 1997, Interstate Road Transport Regulations Act 1986, Interstate Road Transport Act 1985, Federal Airports By-Laws, Motor Vehicle Standard Act 1989, open Areas Parking Rule 2014	14, 15
Other	Criminal Code Act 1995, Census and Statistics Act 1905, Tobacco Plain Packaging Act 2011, Child Support (Registration and Collection) Act 1988, Work Health and Safety Act 2011, Primary Indistries Levies and Charges Collection Act 1991, Marriage Act 1961	13, 15, 16

Sentence type classification

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This classification includes sentence codes, categories and definitions for each sentence type included in the Federal Defendants, Australia collection.

Code			Sentence type and description
100			Custody in a correctional institution
			An order requiring a person to be detained within a facility built especially for the purpose of incarceration.
	110		Imprisonment
			An order requiring a person to be detained for all or part of a specified period of time within a facility built especially for the purpose of incarceration. Includes:
		111	Life imprisonment
			An order sentencing a person to life imprisonment. This does not necessarily mean, however, that the person will be held in custody for the term of their natural life. In some instances, the actual time served may be determined by an administrative body such as a Parole Board.
		112	Indeterminate imprisonment
			An order used for persons declared as habitual criminals, persons who are either permanently or temporarily deemed not responsible for their actions because of a mental disorder or intellectual disability, and prisoners who are sentenced to imprisonment but have not had a release date set. The prisoner may be released at any time, at the discretion of the administrative body within each jurisdiction responsible for making that decision.
		113	Imprisonment determined term
			An order requiring a person to be detained for a specified period of time within a facility built especially for the purpose of incarceration.
		114	Imprisonment partially suspended term
			An order requiring a person to be detained for part of the specified period of time, subject to the person being of good behaviour.
		115	No further penalty due to time spent in custody
			The immediate release of a defendant for the reason that the period of detention during judicial proceedings is equal to or greater than the length of custodial sentence that the defendant would have otherwise received. This sentence type applies only to South Australia.
	120		Periodic detention
			An order sentencing persons to custody for two consecutive days in a week (for example weekends) while remaining at liberty during the rest of the week.
	130		Juvenile detention
			An order requiring a person to be detained for all or part of a specified period of time within a facility built especially for the purpose of the detention of juveniles.
		131	Juvenile detention determined term
			An order requiring a person to be detained in a juvenile facility for all of the specified period of time.
		132	Juvenile detention partially suspended term
			An order requiring a person to be detained in a juvenile facility for part of the specified period of time subject to the person being of good behaviour.
	140		Secure hospital detention
			Detention within locked hospital facilities for the purpose of medical treatment.
	190		Custody in a correctional institution n.e.c
			Detention within a facility built especially for the purpose of incarceration other than already described. Includes boot camps and on country youth camps.
200			Intensive penalty in the community
			An order requiring a person to have restricted liberty and/or reporting arrangements for a specified period of time while living within the community, and which cannot be further defined as to the specific conditions imposed. Includes fully suspended sentence with intensive conditions.
	210		Intensive supervision / reporting
			An order that has a component of restricted liberty and/or requires a person to report to a correctional services or judicial officer on a specified basis.
	220		Home detention
			An order in which a person serves part of a sentence of imprisonment at home or at another approved place that is not a correctional institution.
	230		Electronic monitoring
			A technological means of controlling or monitoring the location of an individual without resorting to imprisonment.
	240		Curfew
			A regulation requiring people to remain at a specified location between specified hours, typically at night.
	290		Intensive penalty in the community n.e.c
			Orders with intensive penalties involving restricted liberty and/or reporting arrangements other than already described.
300			Fully suspended sentence of imprisonment
			An order of imprisonment which provides that all of the sentence not be served, subject to the person being of good behaviour for the length of the sentence.
	310		Fully suspended adult sentence
			An adult order of imprisonment which provides that all of the sentence not be served, subject to the person being of good behaviour. Excludes fully suspended sentences that have added conditions other than good behaviour.
	320		Fully suspended juvenile sentence
			A juvenile detention order which provides that all of the sentence not be served, subject to the person being of good behaviour.
400			Community service / work
			An order requiring a person to undertake a specified number of hours of unpaid work for the community. Should that person breach the order he/she may be brought back to court and receive another penalty, for example a fine, a suspended sentence or a custodial sentence. Includes orders of good behaviour with a condition of community service.
500			Moderate penalty in the community
			Specified restrictions of activities and/or requirements to undertake specified activities while living in the community. Failure to meet the restrictions and requirements may result in further penalties. Includes orders of good behaviour with a moderate penalty condition.
	510		Low intensity supervision / reporting
			An order that requires a person to be supervised by and/or report to a correctional services officer on a specified basis.
	520		Treatment / rehabilitation program
			An order requiring a person to undertake a specified rehabilitation program aimed at behavioural or attitudinal modification.
	530		Education / training requirement (youth)
			Requirement to undertake a program of education or training.
	540		Place / person restrictions
			Restrictions on the locality and/or interactions of the individual (other than electronic monitoring and home detention).
	550		Drug / alcohol bans
			Ban on the consumption of alcohol and/or use of drugs.
	590		Other moderate penalty in the community n.e.c
			Moderate restrictions and/or requirements other than those already described.
600			Monetary penalties
			A sentence order that requires the offender to pay a sum of money, usually in the form of a fine or as recompense to victims. These sentences do not include court levies and fees.
	610		Fine
			A monetary penalty where the offender is required to pay a sum of money to the Crown.
	620		Orders as recompense to victim
			A sentence order that requires the offender 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.
	690		Monetary penalties n.e.c
			Other monetary orders that are not a fine or an order as recompense to a victim (for example payment to charity).
700			Good behaviour (incl. bonds)
			An obligation, with or without sureties, aimed at securing the performance of some act by the person bound by the undertaking.
800			Nominal and other penalties
			Various penalties other than already described.
	810		Driver licence disqualification
			An order relating to the cancellation/suspension or amendment of a driver licence, or the review or modification of conditions associated with it.
	820		Firearms and other licence disqualification
			An order relating to the cancellation/suspension or amendment of any other licence or permit, or the review or modification of conditions associated with it.
	830		Forfeiture of property
			The deprivation of a person of his/her property as a penalty for some act or omission.
	840		Referral to conference
			An order requiring a person to attend a group, family or community conference.
	850		Sex offender registry
			Registration on a list of sex offenders.
	860		Interlock device
			An order to install an alcohol interlock device on a persons vehicle.
	870		Social media ban (youth)
			Temporary or indefinite ban on the use of social media.
	880		Nominal penalty
			Release of a defendant without an order following sentence that may or may not have conditions attached. Includes Rising of the Court and discharge/dismissal. Â Includes instances where the defendants only penalty is Court costs or levies.
	890		Other penalty n.e.c
			Any penalty other than already described.
900			Unknown/Not stated
			This code is to be used for charge(s) where the sentence type is unknown.

Glossary

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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)

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. For details of the classification refer to Australian and New Zealand Standard Offence Classification, 2011.

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 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 from 2019–20 an expanded label is used 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.

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.

Compound sentences

Compound or complex sentences are those which contain a variety of conditions or components, such as a treatment order, probation order or community service work. The exact nature of these sentences depends upon the magistrate/judge handing down the sentence, who considers factors such as the offender’s criminal history and seriousness of their offence(s). This type of sentencing is becoming increasingly common across jurisdictions with the aim of assigning the most appropriate sentence combination for an offender that takes into account rehabilitative and restitution purposes, as well as wider community expectations.

Concurrent sentence

Concurrent sentences refer to sentences that commence at the same time, whereas cumulative sentences are served one after the other. Where a defendant is found guilty for more than one offence, either a concurrent or cumulative sentence may be imposed.

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

Represents 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 organisations) against whom one or more criminal charges have been laid which are heard together as one unit of work by the court.

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 Commonwealth government stakeholders. 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; 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 ex parte

Where a defendant has a guilty outcome without appearing in court. This practice is only applicable for less serious, summary offences.

Guilty outcome

Defendants who either pled guilty, were found guilty by the court or were found guilty ex parte. Prior to 2019–20 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

A court presided over by a judge which has the jurisdiction to trial and sentence indictable (i.e. more serious) criminal matters; includes intermediate court (District or County Court) and the 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).

Human trafficking, slavery and sexual offences

A federal offence group – includes offences of a sexual nature such as sex trafficking, debt bondage and sexual slavery. This group was previously called 'Commonwealth sexual offences' and rephrased in 2021–22 to better reflect the offence inclusions. This category previously included sexual offences against a minor, but from 2019–20 these offences are included in Child sexual abuse offences.

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.

Life and indeterminate sentence

Life and indeterminate sentences are the most serious forms of imprisonment. Life imprisonment can result in the defendant being imprisoned for the term of their natural life, or they may have a minimum time to serve specified by the court or administrative body (e.g. a Parole Board). Indeterminate sentences do not have a prescribed minimum term to serve, and the actual term may be subject to a ministerial or other administrative decision.

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.

n.e.c

Not elsewhere classified

nfd

Not further defined

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

Refers to 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 has a guilty outcome.

Other (federal offence)

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

Partially suspended sentence

A defendant sentenced to imprisonment with a partially suspended term must be detained in prison for part of the specified term of the sentence, with the remainder of the term suspended on the condition that the defendant will be of good behaviour (and can also include other conditions such as attendance at rehabilitation or education programs).

People smuggling

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

Perturbation

A mathematical technique applied to make small, random adjustments in data to ensure confidentiality and avoid the release of identifiable information. The result of perturbation is that a given published cell value will be consistent across all tables, but the sum of the components of a total will not necessarily be the same as the published total, in some tables. As such, proportions may add to more or less than 100%. Users are advised against conducting analyses and drawing conclusions based on small values, as these are proportionately more affected than large values.

Plea

A formal statement made by, or on behalf of, the defendant in response to a criminal charge that has been laid before a court, indicating 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 with a guilty outcome, 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).

Prosecution

The legal representatives of the Crown who bring a case against a defendant e.g. police, the Department of Prosecutions or other statutory body.

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 order imposed by a court upon a defendant who has a guilty outcome for a criminal offence. The Sentence Type Classification presents a full list of categories/sentence types in scope of this publication, including definitions for each of these.

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. From 2021–22, this offence group category has been expanded to include Acts relating to international terrorism or foreign incursion offences, advocating for terrorism, offences relating to control or preventative detention orders, and failure to provide information relating to terrorist acts which are either new offences or were previously coded to federal offence groups of ‘Security’, ‘Justice’, or ‘International’.

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 road worthiness 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 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

Overview

Scope

Geography

Source

Collection method

Concepts, sources and methods

History of changes

Data collection

Scope and Coverage

Data Source

Data processing

Counting methodology

Transfers

Data Items

Age

Sex

Court levels

Principal federal offence

Method of finalisation

Principal federal sentence

Duration

Revisions

Data release

Classifications

ANZSOC

Principal federal offence groups

Method of finalisation

Sentence type

Confidentiality

Data comparability

National comparability

State and Territory comparability

New South Wales

Queensland

Western Australia

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

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

Communications

Compound sentences

Concurrent sentence

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