Fines

A person with intellectual disability may accumulate fines that they can’t pay or they may accumulate fines for behaviour attributable to a disability – there are simple steps the person, their carer or advocate can to do to address fines.

There may be grounds to appeal your fine or ask for it to be reviewed, such as a good explanation, harsh or unfair enforcement practices or targeting of a person who stands out. We can advise you about options and the relevant processes.

There are two types of fines, a court fine and a penalty notice, and different rules apply to each of them at different stages in the process. There are also overdue fine orders which can be issued by Revenue NSW when fines are not paid.

Court fines can be ordered when a person is found guilty in court or they don’t turn up to court. The person may get a sentence/penalty that includes a monetary fine. The court’s Registry receives payments for court fines.

What can you do about court fines in criminal cases?

1. Pay the total court fine amount (within the time permitted of 28 days, or go to the Local Court Registry to request an extension)
2. Apply to pay the fine by instalments (by going to the Local Court Registry and filling out a form)
3. Apply to have payments deducted from your Centrelink benefit
4. Appeal to the District Court if you think you are not guilty of the offence or the penalty (fine) is too severe
5. If you were convicted or sentenced in the Local Court in your absence less than 2 years ago, you can apply to the Local Court for an annulment – if successful, the offence comes before the court again
6. Ignore it. However, if a person ignores a fine and becomes a ‘fine defaulter’, the outstanding amount will be referred to Revenue NSW which will take further action to recover it (e.g. you may be ordered to do community service).

Penalty notices are what a person receives when they get a ticket, an on-the-spot fine or infringement notice. They include traffic tickets, parking fines, speeding fines, and fines for travelling on a train without a valid ticket, littering and not wearing a helmet when cycling. Revenue NSW receives payments for Penalty Notices.

What can you do about penalty notices?

1. Pay the total fine amount on the Penalty Notice (within the time permitted – 21 days; then Revenue NSW will usually send a reminder notice allowing an extra 28 days).
2. If you receive government benefits or are eligible for a Work and Development Order (see below), you can apply to have your fine ‘voluntarily enforced’ by Revenue NSW without enforcement costs being added to your debt. You can then pay by instalments or apply to undertake an activity to clear your fine if you are approved for Work and Development order.
3. Write to Revenue NSW notifying it of special or extenuating circumstances and asking if it will withdraw the fine. More information on the grounds for review is on the Revenue NSW website.
4. Elect to contest it in the Local Court.
5. Ignore it. However, if a person ignores a fine and becomes a ‘fine defaulter’, the outstanding amount will be referred to Revenue NSW which will take further action to recover it (e.g. you may be ordered to do community service).

Overdue fine orders are issued by Revenue NSW. When a court fine or penalty notice is not paid in time it will be referred to Revenue NSW. Revenue NSW converts the fines to overdue fine orders and Revenue NSW is responsible for collecting and enforcing payment of the fines.

Revenue NSW can communicate with Roads and Maritime Services (RMS) to cancel a driver’s licence due to unpaid fines.

What can you do about overdue fine orders?

1. Pay the fine and enforcement costs:
   • in full
   • by instalments
   • by Centrepay (if you get Centrelink benefits)
2. Apply for a Work and Development Order and complete activities to pay off your fine. Work and Development Orders are made by Revenue NSW to allow eligible people who have a mental illness, intellectual disability or cognitive impairment, are homeless, are experiencing acute economic hardship, or have a serious addition to drugs/alcohol/volatile substances to satisfy their fine debt through unpaid work with an approved organisation or by taking certain courses or treatment. A Work and Development Order can only be made if an application is supported by an approved organisation, or in the case of medical/mental health treatment, a health practitioner qualified to provide that treatment.
3. Make an application to Revenue NSW to have the fine written off. The application should include:
   • name, date of birth, phone number, address and licence number (if applicable),
   • overdue fine order number(s), and
   • the reasons why you are asking for the order(s) to be written off such as financial hardship, illness, disability, homelessness, accident, death or misadventure.

The Fines Hardship Review Board independently reviews decisions made by Revenue NSW. If you are facing serious financial, medical and/or personal hardship and Revenue NSW has refused to write off your fines, you may be eligible to apply to the Fines Hardship Review Board to review Revenue NSW’s decision.