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.