In New South Wales in 1999, 17% of all people convicted of crimes in Local Courts, and 9.3% of all people convicted of crimes in the higher courts, were female.¹ A breakdown of this percentage into Indigenous and non-Indigenous offenders is not given by the New South Wales Bureau of Crime Statistics and Research. However, of the women in full-time custody at 30 June 1999, 23.9% were Aboriginal and Torres Strait Islander. In 1999, Aboriginal and Torres Strait Islander women made up only 2% of the New South Wales female population. By comparison, as at 30 June 1999, Aboriginal and Torres Strait Islander men, similarly comprising 2% of the New South Wales male population, constituted 15.8% of all men in full-time custody.²

Types of offences

The most recent statistics from the New South Wales Bureau of Crime Statistics and Research do not differentiate between Indigenous and non-Indigenous prisoners in reporting types of offences for which women were imprisoned, and the lengths of sentences received. However, some knowledge of Aboriginal female offending can be gleaned from the overall figures.

Local Courts

In 1999, a total of 18,061 women were convicted of offences in Local Courts. Of these, the most frequently entered convictions were for driving offences (most of these being for mid-range prescribed content alcohol) (6,292), followed by theft offences (4,670). The number of women convicted of offences against the person was 1,804, offences against good order 1,762 and drug offences 1,524.³

Comparing these statistics with those relating to male offenders, in 1999, of a total of 89,184 convictions, 10,699 men convicted in the Local Courts were convicted for offences against the person and 13,112 men were convicted for theft.⁴

The New South Wales Bureau of Crime Statistics and Research draws attention to different patterns of female and male offending in Local Courts:

Although approximately 17% of persons found guilty in NSW Local Courts in 1999 were female, the proportion of females found guilty of each particular offence varied greatly from this overall figure. Offences where the person found guilty was likely to be female in disproportionate numbers to the total number of females overall include: prostitution (82.3% female), larceny by shop stealing (42.2%), fraud (29.4%), and other larceny (28.2%). On the other hand, offences which showed notably larger percentages of males being found guilty include sexual assault (99.1% male, compared with 83.2% overall), weapons offences (93.7%), sexual offences against children (99.0%), break and enter (92.3%) and vehicle theft (87.8%).⁵

In 1999, a total of 263 women were convicted of offences in the higher courts. Of these, the most frequently entered convictions were for robbery and extortion (67). The next highest category was for drug offences (61 convictions), followed by theft (49 convictions), offences against the person (38 convictions) and offences against justice procedures (31 convictions).⁶

The differing patterns of female and male offending apparent in the Local Courts are reflected in the higher courts. Although 90.7% of persons found guilty in NSW higher courts in 1999 were male, the proportion of males found guilty of each particular offence did not correlate with this overall figure. Offences where the person found guilty was likely to be male in disproportionate numbers to the total number of males overall include: offences against the person generally (95.4% of all convictions were entered against a male offender), sexual assault (100% of all convictions were entered against a male offender), sexual offences against children (98.5% of all convictions were entered against a male offender), breaking and entering (93.9% of all convictions were entered against a male offender male) and weapons offences (93.1% of all convictions were entered against a male offender). The highest category of offence for male offenders was for offences against the person (787 convictions), followed by robbery and extortion (629), theft offences (485) and drug offences (443).⁷

Offenders given a custodial sentence

Women found guilty of an offence are being sentenced to imprisonment in increasing numbers, both in the Local Courts and the higher courts. In 1994, 451 women were given a prison sentence, representing 25% of all convicted women. In 1998, 48% of all convicted women (630 women) were given a prison sentence, an increase of 40%.⁸

The current correctional centres which can accommodate women are:

• Mulawa, at Silverwater;
• Emu Plains;
• Grafton’s Women’s Unit;
• Broken Hill; and
• Bathurst.

All female inmates are received into either Mulawa or Grafton, both of which are classified variable security facilities. Most inmates of Mulawa are automatically assigned a Category 2 Classification, the second most lenient classification involving minimum supervision. Drug withdrawal and other special needs problems are addressed at Mulawa because it has a greater range of programs and 24 hour medical care. After approximately a week, some inmates are transferred to Emu Plains, a minimum security facility, provided that they have no drug, alcohol or psychiatric problems requiring attention.

Women are occasionally housed at the Broken Hill or Bathurst Correctional Centres but only if they are from the local area and are serving a very short sentence.¹¹ These are not satisfactory options for female offenders because they are institutions primarily for men. Women are segregated and there are inadequate facilities for longer term female inmates.

Ideally, women who advance through the prison system should be accommodated in the minimum security Jacaranda Cottages, at Emu Plains, or at Parramatta. However, many female prisoners do not advance this far either because their sentences are short, and they do not have time to progress through the system, or due to persistent drug, alcohol and/or psychiatric problems which are only addressed in Mulawa. Within Mulawa is the Mum Shirl Unit which is a three months, residential program for women with chronic, although not acute, behavioural problems.

In order to be received into Emu Plains, inmates must satisfy restrictive eligibility requirements. Prisoners classified as being in need of greater supervision cannot be accommodated. In addition, the following prisoners will not be admitted:

• remandees;
• prisoners with sentences of less than one month’s duration;
• prisoners serving sentences greater than one month for fine default;
• prisoners with psychiatric needs;
• prisoners with medical needs beyond the centre’s capabilities (unlike Mulawa, Emu Plains does not have 24 hour medical care, but has a nurse in attendance five days a week, during business hours);
• prisoners on “two-out hold”, that is, where two prisoners must be accommodated in one cell to lessen a perceived suicide risk; or
• prisoners on protection.

As at 30 June 1999, 9.6% of offenders serving their sentences by way of periodic detention were female (109 offenders), of whom 5.5% (six) were Aboriginal.¹²

The following Periodic Detention Centres accommodate female detainees:

• Metropolitan Periodic Detention Centre, although a centre accommodating both male and female detainees, had no female inmates as at 30 June, 1999, nor did it have any female inmates as at 30 June, 1998.
• ·Norma Parker has a separate facility established as a Periodic Detention Centre, the only centre solely for women, and the only centre accommodating females at which mid-week detention is available. As at 30 June 1999, there were 54 female offenders on weekend periodic detention and 24 female offenders on mid-week periodic detention.¹³
• Grafton was designed as a multi-purpose facility, intended to take female offenders on remand and for Periodic Detention. However, as at 30 June, 1999 it had no female Periodic Detainees.¹⁴
• Bathurst accommodates both male and female offenders. As at 30 June, 1999, there were five Periodic Detainees.¹⁵
• Mannus, located near Tumberumba, south of Canberra, is a centre for males and females accommodating 32 males and six females. As at 30 June, 1999 it had four female Periodic Detainees.¹⁶
• Tomago is a centre for both men and women, accommodating up to 20 females and 100 males. As at 30 June, 1999 it had 12 female Periodic Detainees.¹⁷
• Wollongong was a centre for men only but was modified in 1999 to accommodate female detainees. As at 30 June, 1999 it had six female Periodic Detainees.¹⁸
• A centre at Broken Hill was opened in February 2000, but as yet no offenders have been sentenced to attend there. It will accommodate up to 18 males and two females. Arrangements will be made to bus offenders in from Wilcannia and Menindi.

The Parramatta Transitional Centre is a minimum security facility designed to accommodate female inmates involved in community based pre-release programs. In 1999, 17 inmates were resident of whom one was Aboriginal/Torres Strait Islander.¹⁹

1. New South Wales Bureau of Crime Statistics and Research, New South Wales Criminal Courts Statistics 1999 (Statistical Report Series, 2000) at xiv and xxiii.

2. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics (Statistical Publication No 19, 2000) at 22.

3. New South Wales Criminal Courts Statistics 1999 Table 1.13b at 30-31.

4. New South Wales Criminal Court Statistics 1999 Table 1.13a at 28-29.

5. New South Wales Criminal Court Statistics 1999 at xv.

6. New South Wales Criminal Courts Statistics 1999 Table 3.11b at 82-83. The gender-specific classification system used in New South Wales prisons “recognises that most women inmates are not incarcerated for violent offences and generally do not require high levels of security. The system focuses, therefore, on program needs rather than on traditional security classifications. In the past, the same categories were used when classifying male and female inmates although offending patterns, security requirements and program needs were significantly different”: NSW, Department of Corrective Services, Annual Report 1996-1997 at 11.

7. These statistics are collated from New South Wales Criminal Courts Statistics 1999 Tables 3.11a and 3.11b at 78-83.

8. New South Wales Bureau of Crime Statistics and Research Submission to the New South Wales Parliament, Legislative Council, Select Committee on the Increase in Prisoner Population New South Wales Parliament, Legislative Council, Select Committee on the Increase in Prisoner Population Inquiry into the Increase in Prisoner Population: Issues Relating to Women (Interim Report, July 2000) at para 3.50.

9. The New South Wales Parliamentary Select Committee on the Increase in Prisoner Population has recommended that the Minister for Corrective Services undertake a cost-benefit analysis of this proposal and review the decision to build the South Windsor facility in the light of that analysis: New South Wales Parliament, Legislative Council, Select Committee on the Increase in Prisoner Population, Inquiry into the Increase in Prisoner Population: Issues Relating to Women (Interim Report, July 2000) rec 7.46 and 7.47.

10. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 49.

11. As at 30 June 1999, there were three female inmates in Broken Hill Correctional Centre but no female inmates in Bathurst Correctional Centre: NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 27.

12. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 37-38.

13. NSW, Department of Corrective Services, Annual Report 1998-1999.

14. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 41.

15. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 41.

16. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 41.

17. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 41.

18. NSW, Department of Corrective Services, New South Wales Inmate Census 1999: Summary of Characteristics at 41.