On the Spot Fines

1
On the Spot Fines
2
Schedule 7 Magistrates Court Act 1989

• Court can
• discharge fine
• Adjourn for 6 months
• instalment order
• payment plan
• Refer to Enforcement Review Project

3
Who can be eligible?

• No distinct definition The court includes the
  following a diagnosed mental illness
  neurological disorders a severe physical
  disability

4
Infringement Act 2005

• "special circumstances", in relation to a person
  means
• (a) a mental or intellectual disability,
  disorder, disease or illness where the
  disability, disorder, disease or illness results
  in the person being unable
• (i) to understand that conduct constitutes an
  offence or
• (ii) to control conduct that constitutes an
  offence or

5

• s. 3 (b) a serious addiction to drugs, alcohol or
  a volatile substance within the meaning of
  section 57 of the Drugs, Poisons and Controlled
  Substances Act 1981 where the serious addiction
  results in the person being unable
• (i) to understand that conduct constitutes an
  offence or
• (ii) to control conduct which constitutes an
  offence or
• (c) homelessness determined in accordance with
  the prescribed criteria (if any) where the
  homelessness results in the person being unable
  to control conduct which constitutes an offence

6
Infringement Act Commencement

• Commencement
• New Infringement system proposed to come into
  effect 1st July 2006 must before 1st July 2007

7
Enforcement Review Program

• The Enforcement Review Program (ERP) assists
  people in the community who have special
  circumstances and outstanding Perin fines that
  are progressing to warrant stage
• It enables the court to impose outcomes that
  reflect the circumstances of the case

8
How to apply

• A person who believes they have special
• circumstances may make an application or a
• third party may apply on their behalf

A third party can be

• parent
• case manager or worker
• social worker
• financial counsellor
• legal rep

9
Letter to Special Circs List

• 8 April 2003
• Co-ordinator
• Special Circumstances List
• Melbourne Magistrates' Court
• Fax [phone]
• Dear .,
• Re Lauren Order
• Address
• DoB
• Perin Court Matters
• We act for Ms Order in relation to a matter
  before the Perin Court. Please find attached the
  penalty notice issued for response by 29 April
• 2003. We write in request this matter be
  withdrawn.
• Ms Order's disability disadvantages her in
  relation to representing himself in this matter.
  She has attended our office requesting we
• represent her, because we are specialist in
  mental health and the law.
• Ms Order has a diagnosis of schizophrenia. She
  was first admitted for treatment to the Alfred
  Hospital in 1943.
• She instructs that she has also had substance
  abuse issues in the past and at this time was
  disorganised and unable to manage her finances.
• An application was made for the appointment of an
  Administrator and since 1995 the State Trustees
  have been acting in this capacity.
• We have requested a report from Ms Orders
  treating practitioner, Dr Fran Smith, to confirm
  her psychiatric disability. She is on leave but

10
Letter to Dr

• 13 February 2003
• Dr Smith
• Fax [phone]
• Dear Dr Smith
• Re Lauren Order
• We act on behalf of Lauren Order in relation a
  ticket infringement she incurred for not having
  a ticket on public
• transport.
• She instructs she is often chaotic and
  disorganised with daily management of her estate,
  for this reason the StateTrustees have
• been appointed as her Administrators. She
  instructs that she receives ongoing treatment and
  support from you.
• In this context, we would appreciate your opinion
  as to
• The nature of Lauren Orders psychiatric
  disability and opinion as to its severity
• Any view you can provide as to a connection
  between her disability and the fine in
  particular to realise the nature of
• her conduct, or that what she was doing was
  wrong.
• Any view on her ability to pay given her limited
  means and ability to organise the management of
  such a meagre estate
• The impact of these circumstances on her mental
  state.

11
Letter to Client

• 29 October 2003
• Ms Lauren Order
• Address
• Dear Ms Order
• Re Perin Court Fines
• We confirm that we applied to the Perin Court for
  your fine to be listed in the Enforcement Review
  list. The
• matter has been listed for a hearing on 20
  November 2003, you will need to attend Court on
  this day.
• We confirm that we have told your sister of the
  listing day, who advised that she will accompany
  you on the
• day if you require assistance. The notice says 10
  am but we advise you to get there about 9.30.
• The matter is very straight forward, the
  Magistrate has a copy of Dr Smiths report. You
  may be asked a
• couple of questions by the Magistrate, you may be
  asked to sign a bond or agreement that you will
  not get anymore fines for a set
• period of time.
• If you have any further queries please do not
  hesitate to contact me on 9629 4422.

12
Amnesty

• Fee waiver period 1 Feb to 31 May
• Contact Civic Compliance Helpline
• Ph 92008222 Mon Fri 8-6