[1] The condition of "good behaviour" primarily requires the offender to obey the law, but may also include additional probation officer supervision, mandatory medical treatment or participation in rehabilitation, counselling and intervention programs.
[3] The specific conditions which constitute a good behaviour bond, as well as the consequences for breaching them, vary under each Australian state or territory's legislation, but overall are used most commonly for first-time and juvenile offenders.
[4] The Crimes (Sentencing Procedure) Act states that a good behaviour bond under Section 9 replaces imprisonment even if it forms a valid option, but cannot exceed a term of 5 years.
[8] The concept of good behaviour bonds is reflected in Section 72, which allows the court to delay proceedings for the convicted offender for a maximum time frame of 5 years.
This "good behaviour" condition is also described in Section 115(2)(a) of Part 10, with which the Administrator (referring to the representative of the Crown) may exercise a "prerogative of mercy" in releasing an offender.
The Legal Services Commission of South Australia clarifies that a good behaviour may be imposed both as a "standalone penalty", as well as the condition for an offender's suspended imprisonment sentence.
[16] In similar fashion to both legislation in Victoria and the Northern Territory, Section 12 of the Act states the abolition of the requirement for offenders to "enter into a bond...to be of good behaviour or keep the peace" under common law.
[22] The legal application of good behaviour bonds may be considered positively, due to research from the Australian Institute of Criminology (AIC) indicating that it may contribute to reduced rates of recidivism, as well as increased victim satisfaction with greater accountability for the offender.
The Parliament of Australia heard submissions from the Redfern Legal Centre (RLC) surrounding the over-policing of Indigenous Australian offenders who were given non-custodial sentences (i.e. good behaviour bonds).
The submission of the Oz Child Legal Service (OCLS) at 19.69 suggested that courts should take into account the offenders' varying perceptions of time when prescribing good behaviour bonds.
[26] The ABS' 2017-18 key findings also revealed that non-custodial orders (including good behaviour bonds) were the most common type of sentencing for individuals found guilty of perpetrating family and domestic violence.
The statistics showed that 72% (2,115) of courts imposed good behaviour bonds as an alternative to sentences of correctional custody, community work and monetary orders (i.e. fines or other financial reparations).
Specifically, the AIC's analysis of offenders convicted in the New South Wales' Local Court over a two-year period (2006–2008) revealed that bond lengths of 0 to 23 months resulted in an average of 737.4 days until the "first new offence" had occurred.
[29] However, BOCSAR stated that the increase could be attributed to the Australian legal system attempting to respond to financial concerns which were associated with other alternative sentence options (i.e. monetary fines).