Page 1658 - Week 05 - Thursday, 11 May 2006
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If you go to the explanatory statement, you will see that the third paragraph on page 2 reads:
The Crimes (Sentencing) Act 2005 consolidates existing sentencing laws set out in a number of different statutes. The Act also introduces a number of new options for sentencing courts and modernises the law …
Dr Foskey’s amendments are about sentencing issues. Amendments have to be relevant to the bill, and they are.
Leave granted.
DR FOSKEY: I move amendments Nos 1 to 6 circulated in my name [see schedule 4 at page 1690].
Mr Speaker, I understand that it is late at night, but I want to thank the government for its considered response to these amendments. I am sorry that Mr Stefaniak did not tell me earlier that he thought that they were inappropriate. Nonetheless, I am glad that we are discussing them tonight.
I am very glad that our amendments appear to have precipitated some action by the government, because they do point out a flaw in our existing arrangements. The ACT’s sentencing legislation does not currently provide any ability for the courts to convert a fine to community service work. As the legislation currently stands, if a convicted person defaults upon a fine, the registrar of the court who is responsible for administering that fine can order to have the person sent off to prison to pay off the fine at $100 a day. Although the courts may allow the convicted person more time to pay the fine, to provide security for the fine or to pay the fine in instalments, I am greatly concerned that, if the person is sent to prison, that may not be the best available option for the community or for the individual’s needs.
Rather, I would like to see the courts provided with an option to order the individual to pay off the fine by completing community work, as that would provide a greater benefit to the community, the government and the individual involved. There is the opportunity for the individual to gain skills and develop networks and an opportunity for the government to avoid paying $180 a day for that person to be in a New South Wales prison, as well as an opportunity for the community to receive another volunteer who may continue to volunteer past the community service order.
Community service work has been a successful option for many people in various states over the past few decades. It gives extra volunteer staff to often under-resourced workplaces. The individuals are often pleased to be able to do this community work, rather than having to go to jail. Wouldn’t you be? Also, being only fine defaulters but otherwise very law-abiding citizens, the ones that the Liberals like so much, these people are not necessarily criminally inclined and may have skills of great value to the organisations involved. Sometimes these individuals discover that they enjoy this community work so much that they continue as volunteers after the orders have finished.
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