❓ Premier McGowan responds to a question regarding reforms to the Fines, Penalties and Infringement Notices Enforcement Act, highlighting the unfairness and economic inefficiency of the existing system and praising the Attorney General's reform efforts.
AnsweredQoN 792Legislative Assembly
QuestionView source ↗
FINES ENFORCEMENT SYSTEM
792. Mr R.R. WHITBY to the Premier:
I refer to the Labor government's
significant law and order reforms that are being driven by this government's
nationally recognised Attorney General.
(1) Can the
Premier update the house on the proposed reforms to the Fines, Penalties and
Infringement Notices Enforcement Act?
(2) Can the
Premier advise whether this government will continue the Liberal and National
Parties' expensive and ineffective policy of jailing hundreds of fine
defaulters?
792. Mr R.R. WHITBY to the Premier:
I refer to the Labor government's
significant law and order reforms that are being driven by this government's
nationally recognised Attorney General.
(1) Can the
Premier update the house on the proposed reforms to the Fines, Penalties and
Infringement Notices Enforcement Act?
(2) Can the
Premier advise whether this government will continue the Liberal and National
Parties' expensive and ineffective policy of jailing hundreds of fine
defaulters?
AnswerView source ↗
I thank the member for Baldivis.
(1)–(2) I
will talk about the Attorney General in a moment. It is true that the government
is bringing in reforms for the fines enforcement system that are much overdue
in Western Australia. The existing system is very unfair, particularly on women
and Aboriginal people and those in our community who are poor. Not only is it
unfair, it is economically stupid. The way the system works currently, and the
way it worked over the course of the last government, was that people could cut
out a fine at the rate of $250 a day by going to prison. These people going to
prison was costing Western Australian taxpayers $770 a day. In order to cut out
a fine at the rate of $250 a day, we were imprisoning them at a cost of $770.
That meant that taxpayers did not recover the fine. It cost us far more to
imprison the person and it had some awful consequences at times, which we saw
with Ms Dhu in Hedland. She tragically died in August 2014 when she was
incarcerated for $3 600 of unpaid fines. What we said in opposition is what we
are doing now. We said that jailing hundreds of fine defaulters was not an
economically sensible or fair thing to do. That policy was driven by the now
Minister for Tourism and I am pleased to see that the Attorney General is
bringing in some reforms to the law. That means that incarceration for fine
default will be an absolute last resort. There will be new enforcement options—compulsory
garnishee orders—which are in place in New South Wales and Queensland.
That means that money can be deducted from a person's bank account, or
perhaps from their welfare payments or the like, in order to offset the fine
owing, subject to certain safeguards for people who are homeless or suffering
from domestic violence and the like, and it will ensure that we are able to
recover the amount but that we do not spend three times the amount of the fine
in sending people to prison. Therefore, it is an economically sensible, fair
way of dealing with this issue and also allows the circumstances of people who
are in genuine hardship to be taken into account.
The Attorney General is behind these
reforms. We expect to bring in the laws next year. The member for Baldivis made
a good point. He mentioned the ''nationally recognised'' Attorney
General. As people know, the Attorney General has been the most reformist
Attorney General in memory in Western Australia. There have been a couple of
other reforming Attorneys General—Jim McGinty springs to mind. However,
I think that this Attorney General is the most reforming Attorney General in
living memory in Western Australia. As everyone knows, he is understated. He is
humble. I know that he would not want me to mention this, but I have a copy of The
Australian Financial Review magazine.
Ms R. Saffioti : Is it his
copy?
Mr M. McGOWAN : No. I do not
think he has seen this before and I do not think he would want me to mention
it. The October 2018 edition of The Australian Financial Review magazine
is called the power edition. It is published each year with a list of the most
powerful people in each of their fields in Australia. Listed under the top five
most powerful lawyers in Australia is the Attorney General of Western Australia.
There he is. I would recognise his face anywhere! He is one of only two
politicians acknowledged as the most powerful lawyers in Australia. He is
acknowledged as a reformer. Our hardworking, humble, modest, understated
Attorney General of Western Australia has been doing the big, tough jobs. I have
been through a few back editions but I did not see former Attorney General Michael
Mischin in there. Maybe that is an oversight by the Fin Review , although
I do not think so. I acknowledge the terrific job that the Attorney General is
doing.
(1)–(2) I
will talk about the Attorney General in a moment. It is true that the government
is bringing in reforms for the fines enforcement system that are much overdue
in Western Australia. The existing system is very unfair, particularly on women
and Aboriginal people and those in our community who are poor. Not only is it
unfair, it is economically stupid. The way the system works currently, and the
way it worked over the course of the last government, was that people could cut
out a fine at the rate of $250 a day by going to prison. These people going to
prison was costing Western Australian taxpayers $770 a day. In order to cut out
a fine at the rate of $250 a day, we were imprisoning them at a cost of $770.
That meant that taxpayers did not recover the fine. It cost us far more to
imprison the person and it had some awful consequences at times, which we saw
with Ms Dhu in Hedland. She tragically died in August 2014 when she was
incarcerated for $3 600 of unpaid fines. What we said in opposition is what we
are doing now. We said that jailing hundreds of fine defaulters was not an
economically sensible or fair thing to do. That policy was driven by the now
Minister for Tourism and I am pleased to see that the Attorney General is
bringing in some reforms to the law. That means that incarceration for fine
default will be an absolute last resort. There will be new enforcement options—compulsory
garnishee orders—which are in place in New South Wales and Queensland.
That means that money can be deducted from a person's bank account, or
perhaps from their welfare payments or the like, in order to offset the fine
owing, subject to certain safeguards for people who are homeless or suffering
from domestic violence and the like, and it will ensure that we are able to
recover the amount but that we do not spend three times the amount of the fine
in sending people to prison. Therefore, it is an economically sensible, fair
way of dealing with this issue and also allows the circumstances of people who
are in genuine hardship to be taken into account.
The Attorney General is behind these
reforms. We expect to bring in the laws next year. The member for Baldivis made
a good point. He mentioned the ''nationally recognised'' Attorney
General. As people know, the Attorney General has been the most reformist
Attorney General in memory in Western Australia. There have been a couple of
other reforming Attorneys General—Jim McGinty springs to mind. However,
I think that this Attorney General is the most reforming Attorney General in
living memory in Western Australia. As everyone knows, he is understated. He is
humble. I know that he would not want me to mention this, but I have a copy of The
Australian Financial Review magazine.
Ms R. Saffioti : Is it his
copy?
Mr M. McGOWAN : No. I do not
think he has seen this before and I do not think he would want me to mention
it. The October 2018 edition of The Australian Financial Review magazine
is called the power edition. It is published each year with a list of the most
powerful people in each of their fields in Australia. Listed under the top five
most powerful lawyers in Australia is the Attorney General of Western Australia.
There he is. I would recognise his face anywhere! He is one of only two
politicians acknowledged as the most powerful lawyers in Australia. He is
acknowledged as a reformer. Our hardworking, humble, modest, understated
Attorney General of Western Australia has been doing the big, tough jobs. I have
been through a few back editions but I did not see former Attorney General Michael
Mischin in there. Maybe that is an oversight by the Fin Review , although
I do not think so. I acknowledge the terrific job that the Attorney General is
doing.
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