Page 2181 - Week 06 - Wednesday, 9 May 2012
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But he has also indicated that engagement with the community sector who will be delivering community work programs on the ground is vital for its success. Without appropriate support, without appropriate engagement with the sector who will be providing the programs through which people will discharge their obligations in relation to a penalty, it simply will not work. It simply will not achieve the outcomes that we wanted to achieve. That is why the government has worked with Ms Bresnan in relation to the amendments that will be presented shortly to address these particular issues.
The provisions relating to waiver will be available to applicants who are assessed as having no financial capacity to pay an infringement notice penalty and who are considered to be unsuitable to undertake a community work or social development program. This could be, for example, because the person’s physical or mental health has deteriorated to a point where the person is simply not capable of participating in such a program. Decisions on waiver will be taken by the administering authority. The authority will be able to receive advice from the director-general responsible for ACT Corrective Services on the issue of the applicant’s suitability to participate in community work or social development programs.
The resources required to implement the amendments in this bill over the next 12 months will be significant. In addition to the administrative measures and community work program development that I have already mentioned, implementing the scheme will necessitate substantial reprogramming of the rego.act system. I can advise members that the Justice and Community Safety Directorate has already commenced scoping of the requirements to implement more flexible arrangements for the payment of infringement penalties.
As I have mentioned, the bill anticipates that a large number of matters will be dealt with in the regulations. During the implementation stage the government will liaise with relevant stakeholders as these regulations are developed.
I note that the Canberra Liberals and Mr Coe have indicated in discussions prior to the debate today that they have some concerns about the implementation of measures such as the community work program in the legislation at this time. What I can indicate to Mr Coe and to the opposition more generally is that the government supports in principle the development of such programs. We think there is great value in allowing people who have incurred fines, particularly where they have incurred fines because of a problem—for example, arising from alcohol, drugs or other issues—to be able to engage in rehabilitation around their alcohol dependency or around their drug dependency as a way of not only paying off the fine but also preventing them from actually incurring future fines. That is a win-win. That is a win for the community, a saving for the community, and one that we should have close regard to.
But that said, I note that the opposition are of the view that a lot of this detail will only be outlined in regulation. I can indicate to the opposition the government’s commitment to work with all parties in the Assembly, including them, on the details of those regulations so that they can have confidence that the scheme is going to operate as it should and in a fair and equitable manner.
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