Hon Giz Watson raises concerns about infringement notice payment difficulties for pensioners and Centrelink beneficiaries. The Minister's response explains the current legal framework and available options for payment arrangements through the Fines Enforcement Registry or the courts.

AnsweredQoN 473Legislative Council
Asked
13 May 2009
Portfolio
Police

QuestionView source ↗

INFRINGEMENT NOTICES — TIME-TO-PAY ARRANGEMENTS
It has recently been brought to my attention that pensioners who cannot pay their infringement notices for traffic offences within 28 days incur an extra fee of $13.50 to generate the final demand for payment and an extra $52.50 if they are still unable to pay after a further 28-day period. (1) Will the minister please explain why pensioners and other Centrelink beneficiaries are not able to enter into a time-to-pay arrangement with the police infringement branch of the police department within the first 28 days following the infringement? (2) Does the minister acknowledge that pensioners and other Centrelink beneficiaries often experience hardship and may need time to pay an infringement notice? (3) Will the minister consider making the necessary procedural changes to enable pensioners and other beneficiaries to enter a time-to-pay arrangement as a matter of urgency? Hon PETER COLLIER

AnswerView source ↗

I thank the member for some notice of this question. On behalf of the Minister for Police, I provide the following response — (1) Western Australia Police has advised that a traffic infringement notice is issued in accordance with section 102 of the Road Traffic Act 1974 and authorities are required to work within the requirements of that act. (2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.
(1) Will the minister please explain why pensioners and other Centrelink beneficiaries are not able to enter into a time-to-pay arrangement with the police infringement branch of the police department within the first 28 days following the infringement? (2) Does the minister acknowledge that pensioners and other Centrelink beneficiaries often experience hardship and may need time to pay an infringement notice? (3) Will the minister consider making the necessary procedural changes to enable pensioners and other beneficiaries to enter a time-to-pay arrangement as a matter of urgency? Hon PETER COLLIER replied: I thank the member for some notice of this question. On behalf of the Minister for Police, I provide the following response — (1) Western Australia Police has advised that a traffic infringement notice is issued in accordance with section 102 of the Road Traffic Act 1974 and authorities are required to work within the requirements of that act. (2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.
(2) Does the minister acknowledge that pensioners and other Centrelink beneficiaries often experience hardship and may need time to pay an infringement notice? (3) Will the minister consider making the necessary procedural changes to enable pensioners and other beneficiaries to enter a time-to-pay arrangement as a matter of urgency? Hon PETER COLLIER replied: I thank the member for some notice of this question. On behalf of the Minister for Police, I provide the following response — (1) Western Australia Police has advised that a traffic infringement notice is issued in accordance with section 102 of the Road Traffic Act 1974 and authorities are required to work within the requirements of that act. (2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.
(3) Will the minister consider making the necessary procedural changes to enable pensioners and other beneficiaries to enter a time-to-pay arrangement as a matter of urgency? Hon PETER COLLIER replied: I thank the member for some notice of this question. On behalf of the Minister for Police, I provide the following response — (1) Western Australia Police has advised that a traffic infringement notice is issued in accordance with section 102 of the Road Traffic Act 1974 and authorities are required to work within the requirements of that act. (2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.
Hon PETER COLLIER replied: I thank the member for some notice of this question. On behalf of the Minister for Police, I provide the following response — (1) Western Australia Police has advised that a traffic infringement notice is issued in accordance with section 102 of the Road Traffic Act 1974 and authorities are required to work within the requirements of that act. (2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.
I thank the member for some notice of this question. On behalf of the Minister for Police, I provide the following response — (1) Western Australia Police has advised that a traffic infringement notice is issued in accordance with section 102 of the Road Traffic Act 1974 and authorities are required to work within the requirements of that act. (2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.
(1) Western Australia Police has advised that a traffic infringement notice is issued in accordance with section 102 of the Road Traffic Act 1974 and authorities are required to work within the requirements of that act. (2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.
(2)-(3) A traffic infringement notice is for an offence against state law and cannot be considered in the same context as a bill or account when late or partial payment may be acceptable. These notices are an allegation that a specific offence has been committed by the named recipient and require attention by that person within clear time frames set out on the traffic infringement notice itself. If the prescribed penalty is not paid by the specified date, it is deemed that the person has chosen not to be dealt with under the infringement conditions of the Road Traffic Act 1974 and the matter proceeds to the auspices of the Fines Enforcement Registry, incurring penalties as dictated by the Fines, Penalties and Infringement Notices Enforcement Act 1994. Once a matter is escalated to the FER, the ability to negotiate part payments of infringement notices is allowed under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Alternatively, a person can elect to have the infringement heard in court, and upon conviction, apply to the court for time to pay.

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