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Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4668 ..

MR HUMPHRIES (continuing)

Mr Speaker, this Bill provides for significant reform of the current system of fine enforcement in the ACT. The fine is, of course, a sanction commonly used by our courts.

The ACT currently has no fine enforcement mechanisms for fines imposed by courts other than imprisonment. At present the Magistrates Court enforces fines solely through issuing a warrant for the commitment of a defaulter to prison. Such warrants are the enforcement responsibility of the Australian Federal Police. The Supreme Court, in contrast to the Magistrates Court, has no fine enforcement mechanisms and has been unable to enforce the payment of overdue fines.

The inefficiency and uncertainty of the present system encourages people to believe that they are able to avoid their obligations. Annecdotal evidence suggests that it is generally this, rather than lack of capacity to pay, which contributes to substantial non-payment.

The Auditor-General has recently conducted a performance audit of court imposed fines and has been critical of the present collection procedures. The Audit Report found the present collection practices are less than satisfactory, with 53% of fines imposed by the Magistrate's Court not collected within the time specified and 30% of these fines remaining uncollected after 12 months.

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