HELPING Clients with SPER DEbts Community Legal Centres Queensland CLE Webinar – 6 October 2016 Cameron Lavery QPILCH Homeless Persons’ Legal Clinic Coordinator

Today’s presentation QPILCH and the Homeless Persons’ Legal Clinic Overview of SPER and link with vulnerability Options for vulnerable clients Tips for helping clients with SPER debt matters Reforms to the SPER system

QPILCH QPILCH is a not-for-profit, community- based legal organisation that coordinates the provision of pro bono legal services for individuals and community groups We coordinate a number of services that provide pro bono advice and representation to vulnerable people, including the Outreach Legal Clinics QPILCH operates in partnership with law firms, barristers, CLCs, universities and other key stakeholders Volunteer lawyers assisting a client at the HPLC at West End Community House

Homeless Persons’ Legal Clinic Our Homeless Persons’ Legal Clinic (HPLC) started in 2002 and we currently operate 21 Outreach Legal Clinics across Queensland. We partner with 28 law firms and over 30 community agencies to effectively address the legal needs of over 1750 new vulnerable clients each year, including: People experiencing homelessness, refugees, people with mental health concerns and vulnerable young people. Each clinic is co-located with essential services – accommodation, food, health, advocacy Collaborating to alleviate the difficulties associated with marginalisation and reduce barriers to housing and community engagement.

Overview of SPER The State Penalties Enforcement Registry (SPER) collects and enforces unpaid fines and court-related penalties or monetary orders for the state of Queensland. SPER is is a division of the Office of State Revenue, which is part of Queensland Treasury. SPER’s functions and powers are set out in the State Penalties Enforcement Act 1999 (Qld).

SPER debts and vulnerability Through the HPLC’s casework, we understand that: people experiencing disadvantage are more vulnerable to policing of public space, public transport and other ‘public’ amenities (eg. tolls); marginalised clients are likely to have a SPER debt, but generally don’t see this as a legal matter. It is important to address SPER debts because it helps clients to avoid prison, keep their driver licence and manage their limited finances.

SPER debts and vulnerability Using the Legal Health Check at the HPLC at Roma House, we identified that 65% of homeless clients had SPER debt issues. The average debt for each client was $5000. During the same period, the HPLC at Café One had only 5.4 % of clients with an identified SPER debt issue.

SPER debts and vulnerability SPER debt sample from the HPLC’s 2014-15 casework:

Registration with SPER SPER processes Registration with SPER Collection Enforcement action SPER does not currently undertake regular outreach. This means identification of vulnerable and marginalised debtors generally happens through referral by third parties.

SPER debt registration process Unpaid infringement notices Infringement notice issued by non-court agency (eg Department of Transport and Main Roads, Queensland Police Service) 28 days to pay in full, contest or set up a Voluntary Instalment Plan. If no action is taken, fine is registered with SPER and a registration fee is added. Voluntary instalment plans are also transferred to SPER. Court-ordered penalties If the person is found guilty or pleads guilty to an offence, a court may impose a monetary penalty or order payment of money (eg. restitution or compensation). The offender levy is also automatically imposed. Once the penalty is entered in the Courts system, the monetary penalty and offender levy is registered with SPER. These penalties do not attract SPER registration fees. Victims of crime assistance Victims of crime assistance is a financial assistance scheme administered by Victim Assist Queensland. Victims of crime can apply to Victim Assist Queensland for financial assistance. If financial assistance is granted, the scheme manager can register the debt with SPER for collection. These debts do not attract SPER registration fees.

Voluntary Instalment Plan If a person or organisation is fined an amount greater than $200 and cannot afford to pay the full amount upfront, they can enter into a Voluntary Instalment Plan with the issuing agency to repay the debt in monthly instalments. It is a condition of all Voluntary Instalment Plans that an initial payment of $60 is paid to the issuing agency. The debt is then transferred to SPER to be administered. SPER is responsible for collecting the remaining amount outstanding on the infringement notice. Apply for a Voluntary Instalment Plan by filling in the Voluntary Instalment Plan section on the infringement notice.

Disputing a fine/order registered with SPER SPER does not have the power to withdraw a disputed fine or court order. SPER can deal with limited disputes, including: administrative errors by SPER disputes about whether an infringement notice was received mistake of fact/identity fraud For disputed infringement notices, a debtor can apply to SPER to have the infringement matter decided in a Magistrates Court. For more information, see SPER factsheet “Disputing a fine/order registered with SPER”

Enforcement action Driver’s licence suspension Fine collection notice Enforcement warrant Immobilisation warrant Warrant for arrest and imprisonment

Options for vulnerable clients Vulnerable people are generally eligible for personalised services provided by the SPER Individual Consideration Team (ICT) (formerly the Community Engagement Team). The SPER Individual Consideration Team’s contact details are: Phone: 1300 131 510 Fax: (07) 3035 3334 Email: sper.individualconsiderationteam@osr.treasury.qld.gov.au

Options for vulnerable clients Clients who may be eligible for assistance through the ICT include: People experiencing or at risk of homelessness Asylum seekers and refugees Aboriginal and Torres Strait Islander peoples People with a disability People with impaired decision-making capacity People in rehabilitation People with no capacity to pay (due to unemployment or reliance on social security benefits) People in custody or recently released from custody

Options for vulnerable clients The following options may be available for vulnerable clients: Fine Option Orders (unpaid community service) Manageable instalment plans Deferrals of enforcement action Good Behaviour Orders Fine Option Orders and Good Behaviour Orders are not available for: Compensation or restitution orders Offender debt recovery orders (victims of crime assistance) Offender levy

Fine option order If an individual cannot afford to pay a debt in full or by regular instalments, they may be eligible to have the debt converted to unpaid community service by a Fine Option Order (FOO) To be eligible, the client must: be living in Queensland be able to show that they are unable to pay the fine be able to undertake community service work – this includes being able to get to and from a worksite and providing an address for the term of the order not have breached a FOO for the same offence not have been served a warrant for the unpaid amount of the fine Use Form 1001, “Application for a Fine Option Order” on SPER’s website.

Manageable instalment plans The ICT can approve manageable instalment plans for vulnerable clients to repay their debts The ICT will assess the client’s ability to pay and approve instalments of as little as $5 per week Payment amounts are agreed based on each person’s individual circumstances For debts less than $8,000 – use Form 1002, “Application for an Instalment Plan” on SPER’s website. For debts more than $8,000 – use Form 4051a, “Financial Disclosure Application (Individual) on SPER’s website. Clients are required to complete the Application and provide supporting evidence of income and expenditure. The ICT does not generally require vulnerable clients to provide the full list of documents or documents from the last three months. According to the SPER website, the maximum time allowed to pay under an installment plan is three years. Consider whether the client

Deferrals of enforcement action Deferrals of enforcement action may be applied to a client’s file if sufficient evidence is supplied to SPER that the client is unable to take steps to resolve their debt issue Deferrals are most commonly applied if the client: is undergoing rehabilitation in a residential, long-term program has a medical condition that prevents work or community service is in prison We currently understand that the ICT defers most files for an initial period of 1 month at a time, then follows up on the client’s file There is no application form for deferrals. You can request a deferral for eligible clients by contacting the ICT.

There is no application form for Good Behaviour Orders. A Good Behaviour Order (GBO) is an order that states a person must not commit any offences or infringements for a fixed time period. A GBO may be available if a client: has no capacity to repay the debt, due to financial hardship has a medical or psychiatric condition that prevents them form being able to pay the fine or undertake unpaid community service work GBOs are only approved in very limited circumstances. There is no application form for Good Behaviour Orders. Good Behaviour Orders are only offered as a result of assessment via a Financial Disclosure Application or direct contact with the ICT.

Tips for helping with SPER debt matters Ask the right questions Ask the client if they have a SPER debt and if they would like our help to resolve it. Find out about the client’s current financial and personal circumstances and living arrangements. Make copies of any relevant documents.

Tips for helping with SPER debt matters Make initial contact with SPER Request the client’s Debt Statement and Fine History Request that the client’s SPER debt be placed on hold and managed by the Individual Consideration Team This step is very important because: It connects the client to the Individual Consideration Team. It gives you and the client time to consider the client’s options without the risk of enforcement action. Debts are generally put on hold for one month.

Tips for helping with SPER debt matters Consider which option or combination of options is most appropriate for the client Options for vulnerable clients include: Fine Option Order Manageable payment plans or Centrepay deductions Extended deferral of enforcement action Good Behaviour Order If possible, arrange to meet with the client to complete the relevant forms and make copies of any necessary documents. To organise a Centrepay deduction, consider whether we can facilitate the client connecting with the Centrelink Community Engagement Officers at a community outreach location.

Tips for helping with SPER debt matters Contact SPER to put in place appropriate arrangements Send cover letter, application forms and any supporting documents to the Individual Consideration Team Follow up phone call to the Individual Consideration Team If possible, collaborate with caseworkers to help the client comply with the order/payment plan Caseworkers may be able to receive letters on behalf of the client and assist with compliance Caseworkers can help spot and resolve issues early

Summary of forms and processes Fine Option Orders Form 1001, “Application for a Fine Option Order” Manageable installment plans Under $8,000 - Form 1002, “Application for an Installment Plan” Over $8,000 - Form 4051a, “Financial Disclosure Application (Individual)” Centrepay deductions May be arranged directly through Centrelink Community Engagement Officers Extended deferrals No application form. Can be requested based on client’s circumstances. Good Behaviour Orders Offered as a result of assessment via a Financial Disclosure Application or direct contact with the ICT.

Connecting with the HPLC You are welcome to refer vulnerable clients to an HPLC in Queensland. Please call us on (07) 3846 6317 for more information. If your client is in Brisbane, they can drop-in to one of the following HPLC locations: Brisbane Homelessness Service Collaborative Kurilpa Hall, 174 Boundary St, South Brisbane Phone: 3036 4444 Weekly Tuesdays 9.30am to 11.00am New Farm Neighbourhood Centre 967 Brunswick St, New Farm Phone: 3358 5600 Fortnightly 10.00am to 11.30am Next session: 11 October 2016 139 Club 505 Brunswick Street, Fortitude Valley Phone: 3254 1144 Thursdays 9.00am to 11.00am West End Community House 113 Vulture Street, South Brisbane Phone: 3217 2333  Fortnightly 9.00am to 10.00am 20 October 2016

HPLC client stories When Fiona met with the HPLC, she was facing a $3000 SPER debt. The HPLC wrote to SPER about Fiona’s situation, and after discussing her options, assisted Fiona to apply for a manageable instalment plan of $20 a fortnight. Nathan faced SPER debts of around $60,000 for historic traffic infringements and driving offences. When Nathan came to the HPLC, he was homeless and unable to do unpaid community service work due to his terminal illness diagnosis. The HPLC assisted Nathan to successfully apply for a Good Behaviour Order. After complying with the Order, Nathan’s debt was effectively waived. Jason completed the Legal Health Check with his caseworker and identified that he wanted legal help to resolve a $500 SPER debt. After advising Jason about his rights and obtaining a letter of support from his caseworker, the HPLC helped him to apply for a Fine Option Order to work off his debt.

Reforms to the SPER system Opportunities for systemic advocacy: SPER is largely automated and inaccessible for marginalised people Lack of public guidelines about SPER’s exercise of power and any system of internal review Limited write-offs and ability to negotiate waivers or reductions (eg. for the offender levy or SPER administrative charges) Tony Koch, ‘Tough justice’, The Courier Mail, 22 July 2000)

Reforms to the SPER system In June 2016, SPER released a consultation paper about the potential implementation of a Work and Development Order (WDO) scheme QPILCH, Community Legal Centres Queensland and other sector stakeholders recently submitted a collaborative Response Paper, supporting the implementation of a WDO scheme

Reforms to the SPER system The Response Paper included 26 recommendations about SPER and the proposed WDO scheme, focusing on fairness and flexibility of WDO eligibility and enforcement options. The Response Paper outlined the following as integral to the success of the proposed WDO scheme: Strong network of service organisations, including in remote and regional areas; Considerable flexibility of available WDOs, including culturally appropriate activities, activities targeted to parents and non-residential rehabilitation options; A suggested but flexible minimum number of attendance hours; A strong complaints and audit system to avoid exploitation of unpaid workers; and The implementation of and access to a Debt Schedule.

Reforms to the SPER system A future WDO scheme: SPER’s Consultation Paper indicated plans to introduce a draft Bill to Parliament in the first quarter of 2017, “subject to approval” If implemented, this would improve flexibility & fairness for marginalised clients, particularly by offering a broader range of appropriate, non-monetary options to address SPER debts

Contact details QPILCH Homeless Persons’ Legal Clinic www.qpilch.org.au Ph: (07) 3846 6317 Fax: (07) 3846 6311 PO Box 3631, South Brisbane BC QLD 4101 Coordinator: Cameron Lavery Email: hplc@qpilch.org.au Lawyer: Paula Hughes Email: hplcresearch@qpilch.org.au Lawyer: Fiona Thatcher Email: hplcproject@qpilch.org.au Lawyer: Charlie Raftos Email: legalpod.lawyer@qpilch.org.au Administrator: Victoria Allen Email: hplcadmin@qpilch.org.au Project Officer: Michaela Transton Email: legalpod@qpilch.org.au The client stories and photos used in this presentation are real, and we thank HPLC volunteers and clients for their willingness to have their photos published. The stories are in no way connected to the photos, and do not relate to any person depicted. The QPILCH team at HPLC Street Soccer in 2016.