Youth justice in Australia 2023–24

On an average day in 2023–24, 82% (3,471) of young people aged 10 and over under supervision were supervised in the community (Table S35a).

Of all young people under community-based supervision on an average day aged 10 and over, about 1 in 5 (22%) were on unsentenced orders and more than 8 in 10 (83%) were on a sentenced order.

A total of 8,031 young people were under community-based supervision at some time during the year (Table S64).

Young people who are supervised in the community may be on unsentenced or sentenced orders and may be on multiple orders of different types at the same time. Community-based supervision may be interrupted by time spent in detention due to another offence or a breach of a supervised release or parole order.

In this chapter, proportions should be interpreted with caution, especially in the smaller jurisdictions as they may represent a very small number of young people.

Unsentenced community-based supervision

Unsentenced community-based supervision orders include supervised bail (also known as conditional bail) and other orders such as home detention bail.

Supervised or conditional bail is where a young person is released into the community while awaiting the outcome of court action and may include conditions such as supervision, a curfew or a monetary bond. Information about unsupervised bail is not available in the Youth Justice National Minimum Data Set (YJ NMDS).

In 2023–24, 22% of young people aged 10 and over who were under community-based supervision on an average day were on unsentenced orders (Table S64a, Figure 5.1).

Almost 1 in 5 (19%) First Nations young people aged 10 and over who were under community-based supervision on an average day were on unsentenced orders. This compares with 24% for non-Indigenous young people (Table S64a).

Among the states and territories, the proportion of young people under community-based supervision on an average day who were unsentenced ranged from 9.7% in New South Wales to 66% in the Australian Capital Territory (Table S64a).

Figure 5.1: Young people aged 10 and over who were under community-based supervision on an average day, by type of supervision and state and territory, 2023–24

Notes

1. Numerators are the number of young people on a particular community-based supervision order on an average day in each state and territory. Denominators are the total number of young people on all orders in each state and territory.
2. Unsentenced community-based supervision orders include supervised bail (also known as conditional bail), and other orders such as home detention bail.
3. Under the Young Offenders Act 1994 (WA), Western Australia does not operate with the terms ‘probation and similar’ or ‘suspended detention’, so these data should be interpreted with caution. For Western Australia, orders reported under ‘probation and similar’ consist of intensive youth supervision orders, youth community-based orders and adult community-based orders. Orders reported under ‘suspended detention’ include intensive youth supervision orders with detention.
4. Components might not sum to the total as young people might have been under supervision for multiple types of orders on the same day.
5. These data exclude young people under other types of orders.
6. The number of young people on an average day not available for the Northern Territory in 2023–24 for community-based supervision.

Source: Table S60.

Nationally, about 2 in 5 (41%) young people aged 10 and over who were under community‑based supervision during 2023–24 were on unsentenced community-based orders at some point during the year (Table S64b). About 2 in 5 (42%) First Nations young people aged 10 and over were on unsentenced community-based orders at some point during the year. This compares with 40% of non-Indigenous young people. The difference between the proportion on an average day and during the year reflects the relatively short duration of unsentenced orders compared with sentenced orders.

The national rate of young people aged 10–17 under unsentenced community-based supervision on an average day was 2.3 per 10,000. Among the states and territories, rates ranged from 0.8 per 10,000 in New South Wales to 5.0 per 10,000 in South Australia (Figure 5.2).

The rate of young people aged 12–17 under unsentenced community-based supervision on an average day in the Australian Capital Territory was 11 per 10,000.

The national rate of First Nations young people aged 10–17 in unsentenced community-based supervision on an average day was 19 per 10,000. For the states and territories where data were available, the rate ranged from 6.7 per 10,000 in Tasmania to 60 per 10,000 in South Australia. For non-Indigenous young people, the national rate was 1.2 per 10,000, which ranged from 0.2 per 10,000 in New South Wales to 1.8 per 10,000 in South Australia (Table S66a).

The rate of First Nations young people aged 12–17 in unsentenced community-based supervision in the Australian Capital Territory was 74 per 10,000. For non-Indigenous young people, the rate was 8.8 per 10,000.

Note that rates in the Australian Capital Territory for 2023–24 following the increase to the minimum age of criminal responsibility are not directly comparable with rates in previous years.

Figure 5.2: Young people under community-based supervision on an average day, by legal status and state and territory, 2023–24

Notes

1. Age on an average day is calculated based on the age a young person is each day that they are under supervision. If a young person changes age during a period of supervision, the average daily number under supervision will reflect this. Average daily data broken down by age will not be comparable with data in Youth justice in Australia releases before 2019–20.
2. The number of young people on an average day not available for the Northern Territory in 2023–24 for community-based supervision.
3. Rates for the Australian Capital Territory in 2023–24 are for young people aged 12–17 due to the increase to the minimum age of criminal responsibility from 10 to 12. Rates for all other jurisdictions are for young people aged 10 to 17.

Source: Table S66a.

Community-based supervision orders may end because of any of the following:

• the specified term was successfully completed
• a sentence was handed down (for unsentenced community-based supervision, such as bail, only)
• for other reasons, including because the young person breached the conditions of the order, or the order was varied or cancelled. 

Where more complex cases are considered by the courts, sentencing decisions can take time, leading to extended or repeated bail orders. This also has an impact on how unsentenced community orders are ended.

In 2023–24, 69% of unsentenced community-based orders ended because they were successfully completed (Table S68). This ranged from 44% in South Australia to 97% in Victoria.

About two-thirds (67%) of successfully completed unsentenced orders lasted fewer than 3 months, with the proportion ranging from 46% in Queensland to 85% in Western Australia (Table S68).

Sentenced community-based supervision

In 2023–24, more than 8 in 10 (83%) young people aged 10 and over who were under community-based supervision on an average day were on a sentenced order (Table S64a).

More than 8 in 10 (85%) First Nations young people aged 10 and over who were under community-based supervision on an average day were serving a sentence. This compared to 80% for non-Indigenous young people (Table S64a).

Similar proportions of young people were under sentenced community-based supervision during the year (Table S64b).

The rate of young people aged 10–17 who were under sentenced community-based supervision on an average day was 8.3 per 10,000. Among the states and territories, the rate was lowest in Victoria (1.8 per 10,000) and highest in Queensland (13 per 10,000) (Figure 5.2).

The rate of First Nations young people aged 10–17 in sentenced community-based supervision on an average day was 74 per 10,000. For the states and territories, this ranged from 14 per 10,000 in Victoria to 110 per 10,000 in Western Australia. For non-Indigenous young people, the national rate was 3.7, ranging from 1.5 per 10,000 in Victoria to 8.9 per 10,000 in Tasmania (Table S66a).

Probation and similar orders

Probation and similar orders involve supervision by a youth justice agency for a specified period. Young people under these orders are often required to report to the agency regularly and be involved in treatment programs.

On an average day in 2023–24, more than two-thirds (69%) of young people aged 10 and over supervised in the community were serving a probation or similar order (Figure 5.1). This ranged from 26% in South Australia to 86% in New South Wales.

In 2023–24, more than 4 in 5 (81%) probation and similar orders that ended were successfully completed (see Glossary) (Table S69). This proportion was lowest in the New South Wales (77%) and highest in Victoria (95%).

More than two-thirds (74%) of successfully completed orders lasted for fewer than 12 months and the remainder lasted for 12 months or more.

One in 10 (10%) probation and similar orders ended due to a breach of conditions (Table S70). This proportion was lowest in South Australia (3.3%) and highest in Western Australia (20%).

Suspended detention

Under a suspended detention order, the young person remains in the community, as long as they do not breach conditions of the order or re-offend within a specified period. If the order is breached, they may be placed in detention.

On an average day in 2023–24, 7.8% of young people aged 10 and over under community-based supervision were serving a suspended detention order (Figure 5.1). This proportion was highest in Tasmania (20%).

Among the states and territories where data was available and that had suspended detention orders during 2023–24, the proportion that ended because they were successfully completed was highest in South Australia (85%) and lowest in Western Australia (52%) (Table S71). Successfully completed suspended detention orders were not published for the Australian Capital Territory due to small numbers, in order to protect the confidentiality of young people.

Parole or supervised release

Parole or supervised release refers to supervision within the community following a period of detention.

On an average day in 2023–24, 4.9% of young people under community-based supervision were on parole or supervised release (Figure 5.1). This proportion was highest in Victoria (7.3%).