1. New Legislation: Infringements
Infringement Management and Enforcement Services
New Legislation: Infringements
FCRC Professional Development Session
June 2017
CD/17/75009

2. What we will cover today
Infringement Management and Enforcement Services
What we will cover today
Fines reform
Internal review
Enforcement review
Time served scheme
Changes to Sentencing Act
Q & A
Save questions to the end

3. Fines reform overview Fines reform
Infringement Management and Enforcement Services
Fines reform
Fines reform overview

4. Fines Reform A new fines recovery model A new body: Fines Victoria
Infringement Management and Enforcement Services
Fines Reform
A new fines recovery model
A new body: Fines Victoria
Main changes 31 December 2017
Some early changes 1 July 2017
Overhaul of the current infringements system
Fines Victoria
Director, Fines Victoria: responsible for the collection and enforcement of infringement fines and court fines
central, accessible body for the public to deal with in relation to fines
easier for people to access the system, understand total debt, and make payments easier by providing consistent options and methods
More efficient system
Focus on the individual - holistic
More options for vulnerable people

5. Staged implementation of Fines Reform
Infringement Management and Enforcement Services
Staged implementation of Fines Reform 1
changes to internal review
work and development permits
more consistent court powers
improved ‘time served' scheme
‘Early commencement’
Infringements Act 2006
by 1 July 2017
Fines Victoria replaces Infringements Court
shortened infringements lifecycle
enforcement review replaces revocation
consolidated payment arrangements
collection and enforcement of court fines
Fines Reform Act 2014
31 December 2017 2
Two-staged approach

6. Shortened infringement cycle
Infringement Management and Enforcement Services
Shortened infringement cycle
Current Infringement Process (168 days)
Fines Recovery model (77 days)
Infringement Stage (112 days)
Enforcement Stage (56 days)
Warrant Stage (5 years)
Infringement Notice
days
Penalty Reminder Notice
(PRN)
days
Final reminder collection activities
(up to 28 days)
non-legislative
Enforcement Order
days
Infringement Warrant Issued
Sheriff serves ‘7 day notice’
Sanctions are applied
Notice of intension to issue warrant
28 days
(non-legislative)
Infringement Stage (49 days)
Enforcement Stage (28 days +)
Warrant Stage
Infringement Notice
days
Penalty Reminder Notice (PRN)
days
Notice of Final Demand
days
Administrative sanctions can be applied
Enforcement Warrant Issued
Sheriff serves ‘7 day notice’
Sheriff sanctions

7. Internal review reforms
Infringement Management and Enforcement Services
Internal review reforms
Internal review reforms

8. Internal review reforms
Infringement Management and Enforcement Services
Internal review reforms
Changes commence 1 July 2017
A way for people to test the lawfulness and fairness of an enforcement agency’s decision to issue an infringement notice
Help to ensure that applications are processed expeditiously and decisions are transparent and independent

9. Internal review reforms
Infringement Management and Enforcement Services
Internal review reforms
New ground of person unaware
New ground of family violence
Matters no longer ‘default to court’ if an infringement is confirmed
The Director, Fines Victoria, will develop guidelines for enforcement agencies and have oversight of their processes

10. Internal review grounds
Infringement Management and Enforcement Services
Internal review grounds
A person can apply for internal review on the grounds of:
contrary to law
mistake of identity
special circumstances
exceptional circumstances
person unaware
incl. family violence
new
New ground

11. Internal review: person unaware
Infringement Management and Enforcement Services
Internal review: person unaware
Person was unaware the infringement notice was served
The notice was not personally served
Apply within 14 days of becoming aware
Update address within 14 days of changing address
Note thresholds for person unaware must be met to establish the ground of person unaware

12. Infringement Management and Enforcement Services
Enforcement Review

13. Enforcement Review Commences 31 December 2017
Infringement Management and Enforcement Services
Enforcement Review
Commences 31 December 2017
Replaces the current revocation scheme
A person with a registered fine can apply to the Director to review the decision to enforce the fine
The Director decides whether to confirm the fine or cancel enforcement
Aim is to reduce the number of matters referred unnecessarily to the Magistrates’ Court – this will reduce both the administrative and hearing workload of the court.
Outline specific grounds for review
Brings it in line with internal review
Same grounds as enforcement agency internal review PLUS the new ground of ‘person unaware’
Only one application is allowed - except for special circumstances, for which two applications are allowed

14. Enforcement review grounds
Infringement Management and Enforcement Services
Enforcement review grounds
A person can apply for enforcement review on the grounds of:
contrary to law
mistake of identity
special circumstances
exceptional circumstances
person unaware
incl. family violence
new
New ground

15. Enforcement review outcomes
Infringement Management and Enforcement Services
Enforcement review outcomes
The Director reviews the decision to serve the infringement to decide whether enforcement should proceed The Director can:
Confirm the infringement
The applicant has 21 days to deal with the fine
Cancel enforcement
The enforcement agency must withdraw the fine within 90 days and exercise an option in section 38(1)
Currently, the Infringements Act provides that an infringements registrar may grant or refuse a revocation application.
Infringement confirmation
Where the Director confirms the decision to serve and enforce an infringement notice, the Director must notify the applicant within 21 days of making the enforcement review decision (s37(2)(a)).
An applicant served with notice of infringement confirmation must pay the registered infringement fine or apply for a payment arrangement within 21 days of service (s40). If the applicant does nothing, the registered infringement fine will proceed through the enforcement lifecycle.
Enforcement cancellation
Where the Director cancels enforcement of an infringement notice, the Director must notify the applicant and enforcement agency within 21 days of making the enforcement review decision (s37(2)).
Enforcement agencies – options where Director cancels fine – section 38(1)
Withdraw the fine and take no further action
Withdraw the fine and issue an official warning
Withdraw the fine and commence proceedings by way of charge and summons
Commence proceedings within 90 days = file a charge sheet with a registrar of the Magistrates’ Court (not to have matter listed and/or heard)
If the Director cancels enforcement in relation to an enforcement review application made on the ground of person unaware, registration of the relevant infringement fine is cancelled and the matter referred back to the enforcement agency to deal with in accordance with the Infringements Act. The matter is returned to infringements stage and all the person’s rights are restored.
Where the enforcement agency decides to reissue the infringement notice to the same person, he/she can then exercise any rights including applying for internal review or nominating under Part 6AA of the Road Safety Act 1986 in the case of traffic and parking infringements.

16. Infringement Management and Enforcement Services
Time served scheme

17. Infringement Management and Enforcement Services
Time served scheme
Allows a prisoner to be released from prison with a ‘clean slate’, with respect to infringement fine debt
Replaces the existing Sheriff prison program
The Sheriff / Director can apply to the Magistrates’ Court on behalf of a prisoner for an order to convert infringement fines into prison time

18. Time served scheme Key dates 1 July 2017 improvements to the scheme
Infringement Management and Enforcement Services
Time served scheme
1 July 2017
improvements to the scheme
only applies to fines under infringement warrants
operates under the Sheriff
Key dates
31 December 2017
further improvements to the scheme
expanded to include registered infringement fines
operates under the Director, Fines Victoria
The purpose of the ‘Time Served’ Scheme is to enable many prisoners to be released from prison with a ‘clean slate’ with respect to infringement fine debt, supporting rehabilitation and reintegration into the community post release, and reducing the possibility of re-imprisonment for fine-related debt
Time may be served concurrently with, or cumulatively on, the prisoner’s existing sentence
1 penalty unit per day (approx. $155 per day)

19. Time served scheme: improvements
Infringement Management and Enforcement Services
Time served scheme: improvements
Time is counted from the date the prisoner entered custody, including time spent on remand
The court can hear an application after the prisoner is released, provided that the application was made while the prisoner was in custody
Key improvements introduced by the ‘Time Served’ Scheme include:
Counting ‘time served’ from the date the prisoner entered custody, including time spent on remand (rather than the date the prisoner requested the Sheriff make an application on their behalf).
Allowing the Magistrates’ Court to hear the application after the prisoner is released, provided the application was made while the prisoner was in custody.
Providing magistrates with additional orders to deal with any additional prison time, where the prisoner is serving a fine related sentence or the converted value of the prisoner’s registered infringement fines is greater than their existing non-fine related sentence (ie. the prisoner has ‘excess’ infringement fines).
Additional orders include: discharging the ‘excess’ fines in full or part, making a time to pay or instalment order, adjourning for up to six months or ordering a term of imprisonment (noting that imprisonment must be a sanction of last resort).

20. Time served scheme: improvements
Infringement Management and Enforcement Services
Time served scheme: improvements
Magistrates have additional orders in circumstances when the prisoner has ‘excess’ infringement fines
Discharge excess fines in full or part
Make a time to pay or instalment order
Adjournment for up to six months
Order a term of imprisonment (sanction of last resort)
Key improvements introduced by the ‘Time Served’ Scheme include:
Counting ‘time served’ from the date the prisoner entered custody, including time spent on remand (rather than the date the prisoner requested the Sheriff make an application on their behalf).
Allowing the Magistrates’ Court to hear the application after the prisoner is released, provided the application was made while the prisoner was in custody.
Providing magistrates with additional orders to deal with any additional prison time, where the prisoner is serving a fine related sentence or the converted value of the prisoner’s registered infringement fines is greater than their existing non-fine related sentence (ie. the prisoner has ‘excess’ infringement fines).
Additional orders include: discharging the ‘excess’ fines in full or part, making a time to pay or instalment order, adjourning for up to six months or ordering a term of imprisonment (noting that imprisonment must be a sanction of last resort).

21. Infringement Management and Enforcement Services
Time served: example
Prisoner receipted into custody 1 March 2017 (remand)
Prisoner is sentenced, release date 31 July 2017
earliest release date 30 June 2017 (parole date)
Has 20 infringement warrants totalling $6, which converts to 40 days imprisonment ($6, divided by $158.57)
1 May 2017 prisoner requests the Director apply to the Magistrates' Court for an order to convert their infringement fines into prison time
Hearing date 30 May 2017
Magistrate makes a Time Served order converting the prisoner’s 20 infringement warrants to time already served

22. Changes to Sentencing Act
Infringement Management and Enforcement Services
Changes to Sentencing Act
Harmonisation of court powers

23. Consistent approach to default
Infringement Management and Enforcement Services
Consistent approach to default
Harmonisation’ of court powers on default
Aligns the sentencing powers available to a court for infringement fine default with those available for court fine default under the Sentencing Act 1991 (Vic).

24. Key changes ‘Harmonisation’ reforms will:
Infringement Management and Enforcement Services
Key changes
‘Harmonisation’ reforms will:
make imprisonment a sanction of last resort for infringement fine default
provide that a magistrate must not make an imprisonment order if satisfied the person did not have capacity to pay or had another reasonable excuse for non-payment
provide for a maximum term of imprisonment of 24 months for infringement fine default.
Reason for reforms - sentencing anomaly identified by Sentencing Advisory Council – orders available to a court on fine default contingent on fine type rather than offending conduct. Results in court fine defaulter at far less risk of imprisonment than infringement fine defaulter.
Amendments provide for a consistent set of orders for dealing with fine defaulters, regardless of the type of fine.

25. Questions fines-reform@justice.vic.gov.au
Infringement Management and Enforcement Services
Questions
Dale
Looking forward to continuing to work with stakeholders to implement these reforms
Real benefits
more efficient system, easier to understand and deal with
deliver social justice initiatives
better recognise people’s circumstances
assist vulnerable people
Excited to be delivering these reforms.
Questions (answer what we can, take on notice)
Contact us

26. Contact us: fines-reform@justice.vic.gov.au
Infringement Management and Enforcement Services
Contact us:
Dale