
Australia's history as a penal colony is a well-known aspect of the country's past. The idea that Australia was founded by criminals is a foundation myth that is prevalent both within Australia and internationally. In the 18th century, criminal activity was extremely common in England, and punishment was often harsh and excessive, with 225 capital offences. The British government acknowledged that the number of people being sentenced to death was too high, and so in 1718, the Transportation Act was passed, which allowed for the transportation of convicts to the American colonies. However, after the American Revolutionary War, the British could no longer send convicts to America, and so they looked to Australia as a new penal colony. Over 160,000 convicts were transported to Australia, and today, about 20% of Australians are descendants of convicts. While convictism once carried a social stigma, attitudes have changed, and many Australians now celebrate their convict heritage.
| Characteristics | Values |
|---|---|
| Founding myth | Australia was founded by criminals |
| Founding year | 1788 |
| Number of convicts transported | 150,000-160,000 |
| Percentage of Australians descended from convicts | 20% |
| Year convict transportation ended | 1850-1868 |
| Convict colonies | New South Wales, Van Diemen's Land (Tasmania), Swan River (Western Australia) |
| Secondary punishment sites | Port Arthur, Norfolk Island, Moreton Bay, Newcastle, Port Macquarie, Macquarie Harbour, Maria Island |
| Famous convicts | Ned Kelly, Henry Savery |
| Current attitude | Pride, embracing their crime-ridden past |
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What You'll Learn

The founding of Australia by criminals is a foundation myth
Australia's founding by criminals is a foundation myth that holds a strong presence both within and outside of Australia. The myth stems from the transportation of convicts to Australia, which began in 1787 with the arrival of the 'first fleet' and ended in 1868. Over this period, more than 160,000 convicts were transported to Australia from England, Ireland, Scotland, and Wales, instead of being given the death penalty.
The use of transportation as a punishment for criminal activity emerged in the British legal system in the 17th century as an alternative to execution. Initially, convicts were transported to the British colonies in North America, with over 50,000 criminals transported by 1775. However, following the American Revolutionary War, Britain could no longer send convicts to America, leading to the establishment of Australia as a penal colony.
The penal colonies in Australia were a central part of the country's development, providing labour for the colonies. Convicts faced strict rules and harsh punishments, including whippings, solitary confinement, and hard labour in prisons such as Port Arthur and Norfolk Island. Despite the harsh conditions, many convicts stayed in Australia after serving their sentences, joining the free settlers and even rising to prominent positions in Australian society.
The legacy of the convict era has left a lasting impact on Australia's national character and has been explored in various cultural works. While there was once a stigma associated with being a descendant of convicts, attitudes have shifted, and many Australians now embrace their crime-ridden past. Today, about 20% of Australians are estimated to be descendants of convicts, and the country has transformed its shame into pride.
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Criminal transportation to Australia as punishment
Australia's foundation myth—that the country was founded by criminals—is a pervasive belief, both within Australia and internationally. However, this is only partly true, as criminals made up only a small proportion of early colonists, and the country's economic potential was a more significant factor in its founding. That said, convict transportation did play a significant role in Australia's early history.
In the 1800s, the Bloody Code, which imposed harsh punishments, was gradually replaced due to its excessive severity in the eyes of judges and juries. Transportation, which had been used as a punishment since the 17th century, became a more common sentence, particularly as an alternative to execution. This practice, known as penal transportation, involved relocating convicted criminals or other undesirable persons to a distant place, often a colony. While it removed offenders from society, it was seen as more merciful than capital punishment.
During the 18th and 19th centuries, the height of the British Empire, approximately 60,000 convicts were transported to British colonies in North America under the Transportation Act of 1717. This practice ended after the American Revolutionary War, and attention turned to Australia. New South Wales, a state in southeast Australia, was founded as a penal colony in 1788. Over the next 80 years, more than 160,000 convicts were transported to Australia, with the practice peaking in 1833 when nearly 7,000 people arrived in a single year. Most convicts were transported for petty crimes, particularly theft, and thieves made up 80% of transportees. Serious crimes like rape and murder became transportable offences in the 1830s, but as they were also punishable by death, few convicts were sent to Australia for such crimes.
Convicts transported to Australia lived under strict rules and harsh conditions. Any infraction could result in punishment such as whippings, leg irons, or solitary confinement. Those who re-offended during their sentence or misbehaved were often sent to secondary punishment colonies like Port Arthur in Tasmania or Norfolk Island, where conditions were even more severe. Convicts were required to work from sunrise to sunset, six days a week, and their labour contributed to the development of the colony. Despite the harshness of their sentences, most convicts stayed in Australia after completing their sentence, joining free settlers and sometimes even rising to prominent positions in Australian society.
In the mid-19th century, protests against the convict system intensified, and transportation to Australia gradually declined. The last convict ship arrived in Western Australia in 1868, and in 1850, convict transportation to New South Wales was officially abolished. While the convict era was once a source of shame for Australians, attitudes have shifted, and many now celebrate the resilience and independence embodied by this period in their country's history.
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The impact of convictism on Australian society
Australia's history as a penal colony has had a significant impact on its society and culture. The transportation of convicts to Australia began in 1787 with the arrival of the First Fleet, and over the next 80 years, more than 160,000 convicts were transported to the colony from Britain and Ireland. This era of convictism left a lasting impact on the country and its people.
One of the most significant impacts of convictism was the dispossession and marginalization of Indigenous Australians. The colonization of Australia by the British led to the displacement and relocation of Indigenous people from their homelands, and they faced severe racism and discrimination. This created a lasting impact on the relationship between Indigenous Australians and the settlers, which is still felt today. The establishment of penal colonies and the influx of convicts also contributed to the annihilation of property rights and the justification of genocide by a self-styled civilized nation.
Convictism also had a notable influence on the social dynamics within Australian society. Ex-convicts who had served their sentences were often stigmatized and faced social shame. The idea of being descended from convicts was a source of embarrassment for some later Australians, and it carried a sense of cultural cringe. However, in the 20th century, attitudes began to shift, and today, many Australians celebrate the discovery of a convict in their lineage. This change in perspective can be attributed to various factors, including the prominence of celebrities with convict backgrounds, such as Australia's infamous outlaw, Ned Kelly, and the realization that many convicts were working-class people convicted of minor crimes.
The convict era also left a mark on Australia's economy and labor landscape. Convicts were transported to the colony to work, and their labor contributed to the economic development of the country. The colonial administration viewed this as an opportunity for redemption, believing that honest sweat was the convict's path to improvement. Convicts faced strict rules and harsh punishments for any infractions, but those who exhibited good behavior could earn privileges and even pardons.
Additionally, the physical remnants of the convict era can be seen in the form of landmarks and World Heritage Sites, such as the Tasmania Convict Trail and the 11 Australian Convict Sites. These sites attract locals and travelers alike, providing a glimpse into Australia's colonial past.
In conclusion, the impact of convictism on Australian society has been profound and multifaceted. It shaped social dynamics, influenced cultural attitudes, contributed to economic development, and left physical reminders of the country's history as a penal colony. The transportation of convicts to Australia had both immediate and long-term effects, some of which are still being navigated and reconciled in contemporary Australian society.
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The establishment of penal colonies and their experiments
Australia's history as a penal colony began in 1788, when New South Wales was founded by the British as a penal colony. Over the next 80 years, more than 160,000 convicts were transported to Australia from England, Ireland, Scotland and Wales, instead of being given the death penalty.
The establishment of these penal colonies was a central part of Australia's development. The colonies were a mix of Royal Navy vessels, supply ships and ships for criminal transportation. The first fleet sailed into Botany Bay on 18 January 1788 but quickly moved north to Port Jackson (Sydney Harbour) six days later. A satellite colony was also established on Norfolk Island, over 1,000 miles away, for strategic and food-related reasons.
The second major convict colony was established in Van Diemen's Land (later Tasmania) in 1803, with an initial outpost at Patersonia (Launceston) in the north of the island. Convicts did not start arriving regularly in Hobart until 1818. Smaller convict establishments were also developed at Moreton Bay (now Brisbane), and at Port Phillip (now Melbourne) from 1835.
Convicts were sent to Australia to work, with their sentences stipulating labour from sunrise to sunset, Monday to Saturday. This was viewed by the colonial administration as an opportunity for redemption, with Governor Phillip believing that 'honest sweat' was the convict's best chance of improvement. Convicts lived under strict rules, and any breaking of these regulations could result in whippings, the wearing of leg irons or solitary confinement.
There were many experiments and penal innovations made in the Australian convict colonies. Of particular note is the Point Puer establishment at Port Arthur for the reformation of criminal boys, marking a fundamental shift in the conceptualisation of juvenile offenders and in the rehabilitation of criminals.
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The legacy of colonisation on indigenous Australians
Australia's history as a penal colony is well-known, with the First Fleet of convicts arriving in 1788. Over the next 80 years, more than 160,000 convicts were transported to Australia from Britain and Ireland, instead of being given the death penalty.
The idea that Australia was founded by criminals is a foundation myth that holds some truth. While it is estimated that around 20% of Australians today are descended from convicts, it is also believed that criminals made up only a small proportion of early colonists. The British government's decision to establish a penal colony in Australia was driven by a desire to relieve overcrowding in prisons and utilise convict labour for the development of the colony. This resulted in the dispossession of Indigenous people from their lands and the imposition of a colonial administration that treated them with severe racism and segregation.
The legacy of colonisation has had a profound and lasting impact on Indigenous Australians. They were subjected to forced removal from their homelands, cultural destruction, and systemic racism. The colonisers' introduction of foreign diseases also devastated Indigenous communities, with smallpox alone killing up to 50% of the Aboriginal population in the decades following colonisation. Additionally, Indigenous people were excluded from the Australian census until 1967, further emphasising the marginalisation they faced.
The impact of colonisation on Indigenous Australians continues to be felt today. Many Aboriginal and Torres Strait Islander people have experienced intergenerational trauma, including being forcibly removed from their families and communities. They have also faced ongoing discrimination and inequality in areas such as education, healthcare, and employment. The legacy of colonisation has resulted in significant social and economic disparities between Indigenous and non-Indigenous Australians, with Indigenous communities experiencing higher rates of incarceration, lower life expectancy, and poorer health outcomes.
In recent years, there has been a growing recognition of the injustices inflicted upon Indigenous Australians during colonisation. Efforts have been made towards reconciliation, including the establishment of the National Sorry Day and the Uluru Statement from the Heart. These initiatives aim to acknowledge the wrongs of the past and pave the way for a more just and inclusive future for Indigenous Australians.
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Frequently asked questions
No, but Australia does have a history as a British penal colony. In 1788, New South Wales was founded by the British as a penal colony, and over the next 80 years, more than 160,000 convicts were transported to Australia.
In the 18th century, criminal activity was extremely common in England, partly due to the lack of a police force. As a result, the British government acknowledged that the number of people being sentenced to death was getting out of control. Transportation to the colonies was seen as a more humane alternative to execution. Initially, Britain sent convicts to the American colonies, but this ceased after the American Revolutionary War. As a result, Britain began to send convicts to Australia.
Convicts in Australia were subject to strict rules and harsh punishments, including whippings, the wearing of leg irons, and solitary confinement. They were required to work from sunrise to sunset, six days a week. However, with good behaviour, convicts could earn a ticket of leave or a pardon, allowing them to earn their own living. Once their sentence was complete, convicts could choose to remain in Australia and climb the social ranks, rather than returning to England.



















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