Page 1202 - Week 04 - Thursday, 21 March 2013
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
The bill provides for infringement notice management plans to be available to organisations as well as individuals. However, only individuals may participate in community work or social development programs.
The 2012 amendments also provided that holders of some concession cards are automatically entitled to make payments by instalment. This feature has been retained under this bill, but the relevant concession cards are now prescribed by regulation rather than being set out in the general act.
Entering an infringement notice management plan revokes any licence, registration or right to drive suspension already in force as a result of unpaid fines and also prevents the person from being issued a suspension notice for non-payment of fines as long as they continue to comply with the arrangement.
Once an infringement notice penalty has been added to the plan, the person is no longer liable to be suspended or prosecuted for that infringement notice. However, they have a liability to discharge the outstanding debt as agreed with the administering authority. Enabling people to discharge their penalty liabilities more flexibly will assist those willing to pay or enter into appropriate work or development programs to get back on the road sooner and to avoid sanctions for leaving their penalties unpaid.
New section 44A of the general act sets out the consequences of failing to comply with an infringement notice management plan, whether by missing instalments or failing to attend a work or development program. The terms of the infringement notice management plan will specify what the person must do to comply with the plan and will provide some flexibility if they have genuine reasons for noncompliance and can notify the administering authority within a reasonable time.
Section 44A operates in a similar way to the existing section 44 of the general act. The Road Transport Authority must send a suspension notice to the person, and take suspension action if the person does not resume complying with their infringement notice management plan before the date specified in the notice. Suspension action under section 44A includes suspension of a person’s drivers licence or the person’s right to drive but does not include vehicle registration suspension.
In relation to an application for a work or development program, the administering authority must refer the application to the director-general responsible for community service work provisions in the Crimes (Sentence Administration) Act 2005. The responsible director-general may agree to the applicant’s participation in a work or development program if they are satisfied on reasonable grounds that the person is suitable to participate and that the person’s financial or other relevant circumstances justify the application. The director-general may make guidelines about the exercise of these functions.
The implementation of the work or development program option will be highly reliant on the participation of non-government community-based organisations. Relevant community work opportunities and other programs offered by these organisations need to be approved for the purpose of the work or development program scheme.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video