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120
Ongoing amnesty on outstanding warrants for unpaid fines
That governments consider introducing an ongoing amnesty on the execution of long outstanding warrants of commitment for unpaid fines.
Recommendation 120 has not been implemented. While the Fines Reform Act 2014 (Vic) introduced alternative measures to pay off fines like the Work and Development Permit Scheme, there is no formal, ongoing amnesty on long outstanding warrants for unpaid fines.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 120 to introduce an ongoing amnesty on the execution of long-outstanding warrants of commitment for unpaid fines, to prevent unnecessary imprisonment and support rehabilitation and social stability, especially for disadvantaged individuals.
We found that no actions had been taken that aligned with the intent of Recommendation 120. While the Fines Reform Act 2014 (Vic) introduced alternative measures to pay off fines like the Work and Development Permit Scheme, no formal, ongoing amnesty on long outstanding warrants for unpaid fines has been implemented.
While Victoria has made efforts to address unpaid fines through initiatives such as the Work and Development Permit Scheme and special circumstances reviews, a continuous amnesty has not been implemented since the 1994 amnesty. Section 58 of the Magistrates' Court Act 1989 (Vic) nullifies warrants after five years, but the legislation allows fines to be reissued, limiting the long-term impact of these measures. Additionally, concerns were raised about the Sheriff's Office continuing to issue fines independently of the Magistrates' Court, which further complicates the system.
Part of the problem with this is that it doesn't draw the other side of the coin: the Sheriff's Office, the legislation and the court...you know. Therefore, if they're in the hands of the sheriff, then there are limited things that the Magistrates Court can do. So, there are some discrepancies here about how...you know, we're sort of LED up the garden path a little bit here with how it all works. (Lawrence Moser, Chairperson, Eastern Metropolitan Regional Aboriginal Justice Advisory Committee (RAJAC))
We identified troubling evidence of increased enforcement of traffic fines, with Victoria issuing 656,186 warrants for unpaid traffic fines in 2022-23. However, there is no indication that a formal, ongoing amnesty has been implemented in line with Recommendation 120. This remains a high priority, with the introduction of an ongoing amnesty being the goal.
Furthermore, the discontinued Deemed Served programme, part of the Prison Fines Work-off Scheme, is an initiative worth re-instating. This service allowed detainees to have their unpaid fines deemed as served during their time in custody, helping to alleviate financial burdens upon release without requiring them to actively ‘work off’ the fines. We advocate for the program's reinstatement to manage fine-related penalties more effectively for incarcerated individuals, including people on remand.
If the person's gone into custody, they can turn around and say, can you check whether I've got any outstanding warrants or fines? If there are any warrants or fines out there, I want to call them in, and you can sort them out as to when you're doing your time in prison.
(Bobby Nicholls, Chairperson, Hume RAJAC)
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Increase awareness of Fines Victoria Prison Program (previously the ‘Deemed Served’ program)
Ensure Aboriginal people in custody (including on remand or recently released) are aware of and supported to access the Fines Victoria Prison Program to alleviate the financial burdens of unpaid fines.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) found that imprisoning people for unpaid fines disproportionately affected Aboriginal people and often worsened their social and economic circumstances. It recommended alternatives such as community service orders and other non-custodial options, as well as considering amnesties for long-outstanding warrants, to reduce unnecessary imprisonment and support rehabilitation and social stability for affected individuals.
Actions Taken Since Last Review
In Victoria, there has not been a formal ongoing amnesty on the execution of outstanding warrants for unpaid fines. However, there have been legislative changes and other initiatives implemented to reduce the use of imprisonment in response to unpaid fines.
For example, the Fines Reform Act 2014 (Vic) introduced measures such as the Work and Development Permit Scheme, which allows eligible individuals to clear their fines through activities like community service, treatment, or education rather than paying them directly.
Fines Victoria
Fines Victoria can review fines under "Special Circumstances". An individual can apply for specific circumstances if issues arise, such as mental illness, severe addiction, homelessness, or being a victim of family violence. In these instances, an individual may be eligible for a review of their fines, provided that evidence is from a qualified practitioner showing a link between their circumstances and the offence or their inability to deal with the penalties. Legal assistance and time extensions may be available to support applications.
Victorian Aboriginal Legal Service
The Victorian Aboriginal Legal Service can assist Aboriginal community members with non-court-based fines if they have a disability, or were experiencing severe addiction, homelessness, or family violence at the time the fines were incurred. Individuals may be eligible to have their fines waived through a special circumstances application to Fines Victoria. The VALS Infringements Clinic assists Aboriginal clients with these applications, including for COVID-related infringements. Community organisations can download resources to share information about this assistance.
Impact
Outputs
Under the Magistrates' Court Act 1989 (Vic), section 58 invalidates warrants for imprisonment if they are over five years old.
The Fines Reform Act 2014 (Vic) introduced alternative measures, such as the Work and Development Permit Scheme, allowing eligible individuals to clear fines through activities rather than payment.
Outcomes
In 2010, the Victorian government held a seven-week amnesty during which fine defaulters were able to pay only their initial penalty, with enforcement and other fees being waived. More than $112 million was paid as a result.
There is not an ongoing amnesty on the execution of long outstanding warrants of commitment for unpaid fines.
Victoria the ‘fines capital’
Victoria is the ‘fines capital’ of Australia, expected to generate nearly $1 billion from fines in the 2023-24 financial year, driven by advanced technology and debt enforcement campaigns.
Fines disproportionately affect low-income individuals, pushing many into severe financial hardship. Legal experts and community leaders are calling for reform, including a discount system like that in New South Wales, which offers reduced fines for those on unemployment benefits. Current Victorian measures include instalment payment options and special circumstances reviews, but critics argue more systemic relief is needed to reduce the burden on disadvantaged individuals.
In 2022-23, the government issued an extraordinary 656,186 warrants for unpaid traffic fines – exceeding its own target by 46%, thanks to special “debt enforcement campaigns” and the deployment of automatic numberplate recognition technology in sheriff vehicles.
Community Views
Indigenous Justice Clearinghouse
The fines enforcement system, on its surface, treats Aboriginal and non-Aboriginal people equally. However, the disadvantage experienced by many Aboriginal people results in the fines enforcement system having disproportionate impacts upon them.