Page 2180 - Week 06 - Wednesday, 9 May 2012
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
unlimited period of time, to discharge liability for the penalty by completing an approved community work or social development program or for a waiver of the penalty.
A waiver can be granted only if the person does not have the capacity to pay, whether by instalments or otherwise, and is not suitable to complete a community work or social development program. The amended bill would require the administering authority to allow an application for payment by instalments where the applicant holds a health care card, a pensioner concession card or veteran’s concession card, a gold card or another card prescribed by regulation. The authority will have a discretion to allow a person to pay a penalty by instalments in other cases having regard to the particular financial circumstances of the individual.
Implementing the instalment payment scheme will require the authority to have the capacity to undertake financial assessments of applicants. The authority will also need to put in place arrangements for recording instalment payments, monitoring compliance with payment plans and for taking suspension reinstatement action when instalments are missed.
The amended bill contemplates that applications to discharge an infringement notice penalty by completing a community work program or social development program will be referred to the director-general responsible for the administration of the community service work provisions in the Crimes (Sentence Administration) Act. This referral mechanism will allow the existing expertise within ACT Corrective Services in managing and delivering community service programs to be used in the establishment of the new scheme.
Applications for discharge of an infringement notice offence by completing a community work or social development program will involve an assessment of the person’s circumstances, including their financial situation and their mental and physical health, drug or other substance abuse, whether they are a victim of domestic violence or whether they are homeless. The director-general will approve programs for the purposes of the new provisions.
It is anticipated that these new community work and social development programs will be developed and administered in conjunction with the community sector. Under the amendments it is anticipated that regulations will be made to determine the rate at which participation in the program discharges an infringement notice penalty. The regulations will also specify the conditions for program participation and will explain how evidence of program completion is to be provided to the administering authority.
It is apparent that there will be a considerable amount of detailed development work, including consultation with the community sector associated with the establishment of the community work and social development program contemplated by these amendments. Indeed this is a matter that I have discussed with the New South Wales Attorney-General, Mr Greg Smith, who has recently confirmed the new Liberal government’s commitment not only to the retention of their community work and social development program but also to its expansion as a mainstream option. He has indicated to me that there is great value in the program. That is a view that I also share.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video