Ruqayyah Snyder
Australia has a deep history as a British penal colony, with convicts being sent there as far back as 1788. The country's criminal history is reflected in its literary works, ballads, and theatre, with convicts themselves contributing to the arts. The country's law enforcement and criminal justice system are now managed by various federal and state-based agencies, with the Australian Federal Police enforcing laws across the country. Australia's overall crime rate in 2020 was 6.87 per 100,000 people, lower than that of the United States and Canada. However, issues such as human trafficking, forced labour, arms trafficking, and illicit tobacco imports persist.
| Characteristics | Values |
|---|---|
| Overall crime rate in 2020 | 6.87 per 100,000 people |
| Homicide rate in 2023 | 0.85 per 100,000 people |
| Offender rate in 2016-2017 | 414,000 |
| Human trafficking | Sex trafficking of women and girls, forced labour of men and women from Asia and the Pacific Islands |
| Arms trafficking | Limited due to strong gun control laws and strict border protection |
| Illicit tobacco imports | Significant increase, with most consignments from the Middle East and Asia |
| Cybercrime | N/A |
| Law enforcement | Federal and state-based police forces, local councils, Australian Federal Police, Australian Border Force, Australian Security Intelligence Organisation, Australian Criminal Intelligence Commission, Australian Transaction Reports and Analysis Centre, Australian Institute of Criminology |
| Criminal justice system | Federal and state-based systems overseen by the Attorney-General's Department |
| Correctional services | State-based |
| Indigenous Australians | Imprisoned at a disproportionately high rate |
| History as a penal colony | Established in 1788, abolished in 1850 |
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What You'll Learn
Australia's history as a penal colony
Australia has a history as a penal colony, with the British government sending fleets to colonize the country from 1787. The First Fleet arrived in January 1788 with 736 convicts on board, marking the beginning of Australia's era as a penal colony. The colony was officially established in New South Wales, with the first settlement in what would become Sydney. The colony would later expand to include other areas such as Norfolk Island, Van Diemen's Land (later Tasmania), Queensland, and Western Australia.
The use of transportation as a form of punishment became more common in the 1800s as a more humane alternative to harsh penalties like hanging. Most convicts were transported for petty crimes, particularly theft, and once emancipated, many stayed in Australia and joined free settlers. Penal transportation to Australia peaked in the 1830s, with the country receiving approximately 160,000 convicts in total.
The experience of convicts in Australia was varied. Some, like George Barrington, contributed to the cultural life of the colonies through literature and theatre. Others, like Esther Abrahams, were connected to historical events such as the Rum Rebellion. The Point Puer establishment at Port Arthur also marked a shift in the treatment of juvenile offenders, focusing on reformation and rehabilitation.
However, the convict era in Australia was also marked by harsh conditions, with punishments such as flogging and hanging for food theft during periods of scarcity. The stigma of convictism persisted for many years, with some Australians feeling shame about their convict descent. It wasn't until the 20th century that attitudes began to shift, and today, many Australians celebrate their connection to the country's convict history.
The end of transportation to Australia began in the 1840s, with the last convict ship arriving in Western Australia in 1868, marking the conclusion of the country's era as a penal colony.
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Convict life and culture
The convict era in Australia has inspired many novels, films, and cultural works. The extent to which it has shaped Australia's national character has been studied by writers and historians. The convict era began with the arrival of the First Fleet, which established the first permanent European colony on the Australian continent, within New South Wales, on 26 January 1788. This date is now celebrated as Australia Day.
The majority of the 165,000 convicts transported to Australia were poor and illiterate, victims of the Poor Laws and social conditions in Georgian England. Eight out of ten prisoners were convicted of larceny, and the average age of a transportee was 26. The convicts were from varied ethnic backgrounds, including Britain, Ireland, America, China, India, and Africa. There were also political prisoners and prisoners of war. The living conditions for convicts were harsh, with rough accommodation and unpalatable food. Convicts were often employed on government works programs, and skilled convicts, such as carpenters, blacksmiths, or stonemasons, were retained for this purpose. Convict men were given work clothes, or 'slops', by the government, which included a cotton shirt, a blue woollen jacket and waistcoat, white trousers, and shoes. Women wore jackets, shifts with a petticoat underneath, stockings, shoes, and a cap. Convicts who behaved badly, refused to work, stole food or tools, or tried to escape were punished with flogging or being placed in chains. If their behaviour was deemed very serious, they were sent to work in the mines of Newcastle or on Norfolk Island.
Female convicts did different work than men, often working for families as cooks, maids, nurses, or washerwomen. However, some female convicts, like Ann Marsh, ran businesses, such as pubs or ferry services. Convicts were often quite comfortable, living in two or three-room houses, shared with fellow convicts or a family. After work and on weekends, male and female convicts would change into fancier clothes, such as tailor-made dresses and new shoes, and buy new clothes with their savings.
Convicts also participated in artistic endeavours, such as writing and theatre. For example, convict George Barrington is thought to have written the prologue for the first theatrical play performed by convicts in Australia, titled "Our Country's Good". The poems of Frank the Poet, a convict, are among the few surviving literary works written by a convict while incarcerated. His best-known work is "A Convict's Tour of Hell".
The convict era also saw the emergence of "bushrangers", originally escaped convicts who used the Australian bush as a refuge to hide from the authorities. By the 1820s, the term "bushranger" referred to those who took up "robbery under arms" as a way of life, using the bush as their base.
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Law enforcement and criminal justice system
Australia's law enforcement and criminal justice system are comprised of various federal and state-based agencies and organisations. The country's overall crime rate in 2020 was 6.87 per 100,000 people, with a homicide rate of 0.85 per 100,000 in 2023.
Law Enforcement
Law enforcement in Australia is served by law enforcement officers under the federal government, states and territories, and local agencies. The primary federal law enforcement agency is the Australian Federal Police (AFP), which enforces criminal law and protects national interests. The AFP also provides protective services to federal government properties, personnel, dignitaries, and foreign diplomatic officials. The Australian Border Force is responsible for customs, immigration enforcement, and border protection, while other agencies focus on specific areas such as white-collar crime and cyber security. State police forces are responsible for enforcing state law within their states, and each state and territory runs its own police service.
Criminal Justice System
The federal and state-based criminal justice systems are overseen by the Attorney-General's Department, with each state and territory having its own equivalent. The Australian Institute of Criminology provides an interactive gateway for statistics and information on Australian crime and justice issues, called Crime Statistics Australia. This platform offers public access to data on various aspects of crime, including death in custody, offender and victim statistics, types of crime, drug use, and criminal courts.
Indigenous Australians are convicted of crimes and imprisoned at a disproportionately high rate, with over-representation at all stages of the criminal justice system. To address this issue, federal and state governments, as well as Indigenous groups, have implemented various programs and measures.
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Gun control and arms trafficking
Australia has some of the world's strictest firearms regulations, but criminals use the grey market and the dark web to traffic illegal weapons for criminal activity. This is a serious national threat and a significant safety concern for the Australian community. The Australian Criminal Intelligence Commission (ACIC) estimates that there are more than 260,000 firearms in the illicit market. Drug traffickers, organised crime rings, outlaw motorcycle gangs, and terrorist groups are all factors driving the market for illegal weapons.
Australia's gun control regulations were strengthened in 1996, and a gun buyback programme was implemented to reduce the number of illicit firearms and access to them. Despite this, some weapons were not handed in as part of the buyback scheme, and other criminals continue to obtain firearms illegally through various means, including theft from firearm dealers, illegal manufacturing (including 3D printing), and illicit importation.
The Australian Federal Police (AFP) play a crucial role in combating illegal firearms and weapons trafficking. They collaborate with domestic and international partners to disrupt the importation and supply of illegal drugs and weapons into Australia. Operations such as Special Operation Ironside have successfully intercepted tonnes of drugs and weapons, preventing potential loss of life.
To address the issue of arms trafficking, the AFP works closely with international partners to stop transnational serious and organised crime before it reaches Australia. They also investigate and prosecute related crimes, such as aviation crime, money laundering, financial crime, and terrorism. The Australian Border Force and the Australian Security Intelligence Organisation are also involved in border security and national security, respectively.
While Australia has made significant strides in gun control and arms trafficking, the illegal trade in firearms remains a persistent threat. The availability of illegal weapons through the grey market and the dark web underscores the ongoing challenge of keeping the Australian community safe from firearm-related violence.
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Human trafficking and forced labour
Australia has been actively engaged in the fight against human trafficking and forced labour, both domestically and internationally. Divisions 270 and 271 of the Commonwealth Criminal Code Act 1995 (Criminal Code) criminalise human trafficking and slavery, including slavery-like practices such as servitude, forced labour, deceptive recruiting, and forced marriage. The Australian Federal Police (AFP) has noted a rise in forced labour and exploitation reports, with criminal networks increasingly using deceptive recruitment tactics to traffic offshore workers into the country.
The Migration Act 1958 makes it an offence for employers or employment agencies to knowingly allow non-citizens without work rights to work, with the exploitation of unlawful non-citizen workers attracting higher penalties. The Telecommunications (Interception and Access) Act 1979 further supports the investigation of trafficking offences by allowing designated law enforcement agencies to intercept relevant telephone calls and emails.
The Australian government has also taken steps to address labour trafficking, which is often under-reported and occurs in various industries, including agriculture, cleaning, hospitality, construction, and manufacturing. In 2017, the government investigated 166 trafficking cases, up from 105 in 2016, and prosecuted six defendants, with five traffickers convicted. The maximum penalties for sex and labour trafficking are 12 to 25 years in prison and fines of up to AUD 197,000.
To assist victims, the Australian Red Cross offers the Support for Trafficking People Program, which provides support to girls and young women seeking help in forced marriage cases. The Vulnerable Witness Act, passed in 2013, also offers protections for victims of human trafficking and slavery who give evidence in criminal proceedings.
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Frequently asked questions
No, Australia is not a country full of criminals. However, it does have a history as a penal colony, with approximately 60,000 convicts transported to the British colonies in North America in the 17th and 18th centuries, and thousands more sent to Australia after the American Revolution. By 1850, the Transportation Act was abolished, but it is estimated that around 20% of the Australian population today is descended from convicts.
In 2020, Australia had an overall crime rate of 6.87 per 100,000 people, which is lower than that of other English-speaking countries like the United States and Canada. The homicide rate in Australia in 2023 was 0.85 per 100,000, which was lower than New Zealand and the United Kingdom.
Australia has a history of civil disturbances, prison riots, and bushranging (robbery under arms). Today, issues such as domestic violence, drug use, sexual assault, and human trafficking are prevalent. Organised crime groups are involved in arms trafficking, drug trade, and illicit tobacco imports.
