FRIDAY, JULY 3, 1981
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AIM TO IMPROVE FIXED TRAFFIC PENALTY SYSTEM
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THE GOVERNMENT INTENDS TO IMPROVE THE OPERATION OF THE FIXED PENALTY SYSTEM FOR PARKING CONTRAVENTIONS AND MOVING TRAFFIC OFFENCES BY ENSURING THAT IT IS ENFORCED AGAINST THOSE WHO BREAK THE LAW,
A GOVERNMENT SPOKESMAN RECALLED THAT AS A RESULT OF THE CONCERN EXPRESSED IN BOTH THE DIRECTOR OF AUDIT'S REPORT OF 1978-79 AND THE PUBLIC ACCOUNTS COMMITTEE'S REPORT OF JANUARY 1980 REGARDING THE NUMBER OF FINES REMAINING UNCOLLECTED AND UNPAID, A WORKING PARTY WAS CONVENED TO EXAMINE THE EFFECTIVENESS OF THE FIXED PENALTY SYSTEM.
THE WORKING PARTY FOUND THAT WHILE COURT PROCEEDINGS WERE BEING INSTITUTED OF NECESSITY IN ALL CASES OF NON-PAYMENT AMOUNTING TO SOME 200 000 CASES A YEAR, LIABILITY WAS CONTESTED IN ONLY 0.15 PER CENT OF THE CASES SUBSEQUENT TO THE ISSUE OF SUMMONSES.
THE SPOKESMAN SAID THIS HAD RESULTED IN A GREAT WASTAGE OF PUBLIC TIME AND MONEY ON A PURE DEBT-COLLECTING EXERCISE INVOLVING PEOPLE WHO DID NOT DISPUTE LIABILITY BUT SIMPLY NEGLECTED TO PAY THE FIXED PENALTY FOR THE OFFENCE WHICH HAD BEEN COMMITTED.
RECOMMENDATIONS BY THE WORKING PARTY TO INDUCE EARLIER PAYMENT OF FINES HAVE BEEN INCORPORATED IN THE FIXED PENALTY (TRAFFIC CONTRAVENTIONS) (AMENDMENT) BILL 1981 AND THE FIXED PENALTY (CRIMINAL PROCEEDINGS) (AMENDMENT) BILL 1981, BOTH OF WHICH WERE PUBLISHED IN THE GOVERNMENT GAZETTE TODAY.
IT IS PROPOSED THAT FAILURE TO PAY ON RECEIPT OF A FIXED PENALTY NOTICE SHOULD NOT AUTOMATICALLY LEAD TO THE ISSUE OF A SUMMONS. INSTEAD, THE ONUS SHOULD BE ON THE OFFENDER TO NOTIFY THE COMMISSIONER OF POLICE WITHIN 21 DAYS IF HE WISHES TO DISPUTE LIABILITY. ONLY IF THIS IS DONE WOULD A SUMMONS BE ISSUED, AND THE MATTER WOULD PROCEED TO A COURT HEARING IN THE NORMAL WAY.
IF AN OFFENDER NEITHER PAYS THE PENALTY NOR NOTIFIES DISPUTED LIABILITY WITHIN 21 DAYS, HE WOULD BE LIABLE TO AN ADDITIONAL FINE EQUAL TO THE AMOUNT OF THE ORIGINAL PENALTY.
A FURTHER FINE OF BETWEEN $50 AND THE AMOUNT OF THE FIXED PENALTY WOULD BE IMPOSED IF AN OFFENDER FAILS TO PAY WITHIN ONE MONTH OF BEING ORDERED TO DO SO BY A MAGISTRATE AND IT BECOMES NECESSARY TO ISSUE A DISTRESS WARRANT. A PERSON WHO FAILS TO PAY A FINE FOR MOVING TRAFFIC OFFENCE AFTER BEING ORDERED TO DO SO AND IS SUBSEQUENTLY IMPRISONED WOULD BE LIABLE TO A SIMILAR ADDITIONAL FINE.
EXISTING FIXED PENALTY MOVING TRAFFIC OFFENCE LEGISLATION ALREADY PROVIDES FOR A MAGISTRATE TO ORDER THE COMMISSIONER FOR TRANSPORT TO REFUSE THE ISSUE OR RENEWAL OF DRIVING LICENCES IF THE OFFENDER IGNORES A COURT ORDER TO PAY. UNDER THE FIXED PENALTY (TRAFFIC CONTRAVENTIONS) (AMENDMENT) BILL 1981, THESE SANCTIONS ARE EXTENDED TO THOSE WHO IGNORE COURT ORDERS TO PAY PARKING OFFENCES FINES,
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