So long as Australia maintains its reservation to article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) (provides that when a person has by a final decision been convicted of a criminal offense and when subsequently his/her conviction has been reversed or he/she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result shall be compensated according to law) the system of ex gratia payments used in most Australian jurisdictions will not breach Australia’s international obligations. However, the ex gratia payments lack transparency and are somewhat arbitrary in terms of when compensation will be offered and how it will be quantified. Governments should foster a process for determining such claims fairly and appropriately, if not generously. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper examines the causes of wrongful imprisonment, the nature of losses, and the applicability of international approaches and conventions. The paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia. References