❓ Question regarding the number of fine defaulters in prison, the McGowan Government's actions to reduce imprisonment for fine default, and any related instructions or policies. The response deflects part of the question and clarifies the independence of the Fines Enforcement Registrar.
AnsweredQoN 3014Legislative Council
QuestionView source ↗
I refer
to the Attorney General’s response to a question from the Member for Maylands
on 25 September 2019, and ask : (a) precisely how many ‘fine defaulters’ were in prison in the last year of the Barnett Government and how many individuals were in prison for fine default alone; (b) in what manner was the McGowan Government ‘pushing back’, please table any documents to that effect; (c) in what manner was the McGowan Government ‘asking the registrar to exercise more discretion’, please table any documents to that effect; (d) in what manner had the McGowan Government up until then suppressed imprisonment as a sanction for fine default, please table any documents to that effect; and (e) was it by instructions or policy or practice statements or guidelines regarding the issue of, or execution of warrants of commitment for, fine default pending the expected passage of the Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2019 : (i) if yes to (e), please table any documents to that effect?
to the Attorney General’s response to a question from the Member for Maylands
on 25 September 2019, and ask : (a) precisely how many ‘fine defaulters’ were in prison in the last year of the Barnett Government and how many individuals were in prison for fine default alone; (b) in what manner was the McGowan Government ‘pushing back’, please table any documents to that effect; (c) in what manner was the McGowan Government ‘asking the registrar to exercise more discretion’, please table any documents to that effect; (d) in what manner had the McGowan Government up until then suppressed imprisonment as a sanction for fine default, please table any documents to that effect; and (e) was it by instructions or policy or practice statements or guidelines regarding the issue of, or execution of warrants of commitment for, fine default pending the expected passage of the Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2019 : (i) if yes to (e), please table any documents to that effect?
AnswerView source ↗
Answered
9 September 2020
Responded by
Leader of the House representing the Attorney General
Response time
9 days
(a) This aspect of the question falls within the portfolio of Hon Fran Logan MLA, Minister for Corrective Services. Please direct this aspect of the question to him.
(b)-(d) The Fines Enforcement Registrar is an independent officer of the court and cannot be directed to take any particular action. The Registrar did not receive any instructions, policy or practice statements from the Attorney General or the McGowan Government regarding the issue or execution of warrants of commitment. There has been a general decrease in the issue of warrants of commitment over the past two financial years – 2018/19 and 2019/20. This is reflective of the exercise of the Registrar’s discretion, their position as an independent officer of the court and the Registrar’s power to cancel warrants of commitment for good reason.
(e) Please refer to Answer (1) to Question Without Notice No. 1514 asked on 3 December 2019.
(b)-(d) The Fines Enforcement Registrar is an independent officer of the court and cannot be directed to take any particular action. The Registrar did not receive any instructions, policy or practice statements from the Attorney General or the McGowan Government regarding the issue or execution of warrants of commitment. There has been a general decrease in the issue of warrants of commitment over the past two financial years – 2018/19 and 2019/20. This is reflective of the exercise of the Registrar’s discretion, their position as an independent officer of the court and the Registrar’s power to cancel warrants of commitment for good reason.
(e) Please refer to Answer (1) to Question Without Notice No. 1514 asked on 3 December 2019.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.