News · Criminal law explainer
Good behaviour orders in the ACT.
The Australian Capital Territory has its own sentencing system, and the good behaviour order is one of its most-used tools. It is set out in the Crimes (Sentencing) Act 2005 (ACT). This note explains what a good behaviour order is, its core and additional conditions, how it works with or without a conviction, and what happens if a person breaches it.
By Aaron Kernaghan · Published 3 September 2026
What is a good behaviour order?
A good behaviour order is an order under section 13 of the Crimes (Sentencing) Act 2005 (ACT) that releases a person into the community on conditions, for a set period, instead of a heavier penalty. It is a flexible order that can carry a range of conditions to suit the case.
It can be made with a conviction or, in appropriate cases, without one. That flexibility lets the court respond to both the offence and the person, from a minor first matter to a more serious one that still does not call for a custodial term.
The core conditions
Every good behaviour order carries core conditions. The person must not commit another offence during the period of the order, and must appear before the court if called on to do so. These conditions are the heart of the order: stay out of trouble, and answer to the court if required.
The period of the order is set by the court to fit the case. During that period the person is expected to be of good behaviour, and the order hangs over any further offending.
Additional conditions
The court can add further conditions to a good behaviour order. These can include supervision by a corrections officer, community service work, participation in rehabilitation or treatment programs, and a requirement to comply with the reasonable directions of a supervisor.
The additional conditions let the court address the causes of the offending, not just mark it. A person with an underlying issue can be directed into treatment, while the order keeps them accountable.
Conviction or no conviction
Where the court makes a good behaviour order without recording a conviction, it works in a way similar to the non-conviction options in New South Wales, sparing the person a formal conviction while still imposing conditions. Where a conviction is recorded, the order is the penalty attached to that conviction.
Whether a conviction is recorded can matter a great deal for the person's future. It is one of the things argued at sentence, along with the length of the order and the conditions attached.
What happens on breach?
If a person breaches a good behaviour order, by committing a further offence or by failing to comply with a condition, they can be brought back before the court. The court can take no action, vary the order, or cancel it and resentence the person for the original offence.
A breach therefore reopens the original matter. That is why the order is taken seriously: the benefit of avoiding a heavier penalty depends on complying with the conditions. Anyone sentenced in the ACT should understand exactly what their order requires. Our note on bail in the ACT covers the earlier stage of an ACT matter.
Frequently asked.
What is a good behaviour order in the ACT?
An order under section 13 of the Crimes (Sentencing) Act 2005 (ACT) that releases a person into the community on conditions for a set period instead of a heavier penalty. It can be made with or without a conviction.
What are the core conditions?
That the person not commit another offence during the order, and that they appear before the court if called on to do so. Every good behaviour order carries these core conditions.
What additional conditions can be added?
Supervision, community service, participation in rehabilitation or treatment programs, and compliance with a supervisor's reasonable directions, among others, to suit the offence and the person.
Can a good behaviour order be made without a conviction?
Yes. In appropriate cases the court can make the order without recording a conviction, which can spare the person a formal conviction while still imposing conditions.
What happens if I breach a good behaviour order?
You can be brought back before the court, which can take no action, vary the order, or cancel it and resentence you for the original offence. A breach reopens the original matter.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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