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Parliamentary Questions


Question Without Notice No. 50 asked in the Legislative Assembly on 6 May 2021 by Dr K. Stratton

Parliament: 41 Session: 1

FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT ACT

50. Dr K. STRATTON to the Attorney General:

I refer to the work and development permit scheme that was introduced as part of the McGowan Labor government's historic reform of Western Australia's fine enforcement laws. Can the Attorney General update the house on how the work and development permit scheme is assisting those in our community who are experiencing genuine hardship caused by unpaid fines?

Mr J.R. QUIGLEY replied:

Thank you, member for Nedlands. May I congratulate you upon your election and say how delighted I am to be joined in this chamber by another graduate of the Nedlands Primary School! Who would have thought? The member being brought up in Florence Road, Nedlands, and me in Mountjoy Road, Nedlands, I think is testimony to what a mainstream government our Premier McGowan leads—occupying most of the chairs now in this chamber!

Reforms to the Fines, Penalties and Infringement Notices Enforcement Act 1994 were great social reforms of the McGowan Labor government in its first term, which have changed the way that fines are enforced. As part of its reform, the work and development permit scheme was recently commenced on 30 September 2020 for vulnerable Western Australians who are in hardship and have eligible outstanding fines registered with the Fines Enforcement Registry. The scheme is being delivered by the Department of Justice in partnership with Legal Aid Western Australia and the Aboriginal Legal Service. The purpose of the scheme is to allow eligible individuals who are experiencing hardship to reduce or completely discharge an amount owed in respect of a court fine through voluntary participation in approved work and development activities. People may also be eligible for the scheme if they are subjected or exposed to family violence, have mental illness or a disability, are homeless or are experiencing alcohol and drug-use problems.

The approved work activities of the scheme are performed under the supervision of an approved sponsor. There are currently 69 approved sponsors across 148 locations. Activities of the type that can be approved by sponsors include unpaid work, medical or mental health treatment, educational, vocational or personal development courses. To date, 164 individuals have taken part. Of these individuals, 38 have already completed the program. This is encouraging to see as Aboriginal and Torres Strait Islander people have historically been disproportionately affected by the fines system. Under the state's previous fines regime, people experiencing genuine hardship, or who could not pay a fine, were wrongly imprisoned. This scheme has now seen a vast reduction in people imprisoned for unpaid fines. Under the old regime, it peaked at 1 100 people incarcerated during 2017 for unpaid fines, and, ultimately led to the death of the late Ms Dhu, whose passing we all lament. The scheme has been a great success, member, and thank you for your question.