Page 542 - Week 02 - Wednesday, 19 February 2020
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Canberra and ACT Policing issue, regulate and enforce these fines independently of each other for the most part, and within these agencies there are often complex delegation processes and policies. The bill will require a flexible payment management scheme to be available for all infringement notices regulated by the Magistrates Court Act, and, as such, it will involve a substantial change to our current IT systems, and in the operation of a number of directorates. That will require a significant degree of planning and coordination.
As Ms Cheyne rightly pointed out this morning, legislation is complex, and time and care must be taken to ensure that all relevant matters are considered and acted upon. Administrating authorities under the Magistrates Court Act infringement notice scheme will adopt either the same or similar infrastructure and processes as are currently used by Access Canberra in relation to road transport infringement notices, or alternatively will involve the creation of a unified system for management for all ACT infringement notices, which would be established and administered through a single agency by creating an integrated fines management system.
Determining the most appropriate and effective way to move forward with these reforms will require thorough consideration due to those complexities and the associated resourcing implications. However, as I have said, the ACT government is supportive of the intent of the bill and is very committed to supporting low income Canberrans. This government has prioritised spending on early intervention programs and support services which help low income and disadvantaged Canberrans access better services and a better quality of life. This has been implemented through a range of support programs, initiatives and funding, which are highlighted in the 2019-20 budget.
The government acknowledges the importance of ensuring that people from vulnerable groups are supported in a way that enables them to meet financial obligations that are incurred when they have been issued with an infringement notice—including by offering alternative methods of meeting those obligations where it is appropriate. Vulnerable people in society may often not be in a position to meet obligations by the outright payment, in full or even in part, of an infringement notice penalty. Their vulnerability may stem from a range of disadvantages, such as poverty, homelessness, living with a disability or living with mental illness. A fair and inclusive society, where no-one is left behind, is a cornerstone policy of this government, and that includes making sure that vulnerable people are assisted in a way that allows them to meet their obligations, as opposed to being further penalised because of their circumstances.
Regulatory schemes play an important part in the territory’s legal framework, and rules are used to set clear standards of conduct or how services are delivered. Good regulation balances the need to enforce those standards for the benefit of society as a whole, with flexibility as to how that enforcement occurs. To make regulation effective, it needs to be implemented in a way that encourages positive conduct and the delivery of quality services by being responsive to the needs of the community. This includes ensuring that schemes include an appropriate range of options in terms of penalty enforcement.
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