Receiving a fine is never enjoyable, but what occurs if you choose not to pay it? Thankfully, non-payment of fines in New South Wales no longer carries the risk of incarceration, unlike in certain other jurisdictions. Following several cases in which people detained only for unpaid fines died or suffered severe injuries while in detention, New South Wales modified its policy regarding unpaid fines. In New South Wales, there are still consequences for not paying a fine, such as losing your driver’s license, having your property seized, and facing other enforcement actions.
Imprisonment for failing to pay fines
In the wake of the terrible case of 18-year-old Jamie Partlic, the law in NSW was modified. Partlic was imprisoned for four days for unpaid parking fees when he was struck unconscious. Despite surviving the attack and spending six months in a coma, he has been paraplegic ever since. The NSW Parliament amended the legislation the following year to make sure that this would never occur again.
More recently, Ms. Dhu passed while in Western Australia’s police custody in 2014 following what the coroner described as “inhumane treatment.” The Fines Enforcement Agency has issued a warrant for her arrest for outstanding fines totaling $3,622. When Ms. Dhu was taken into custody, she was given a four-day jail sentence in a police station as payment for her debt. Her complaints of excruciating pain were not taken seriously, and after 53 minutes of attempts to resuscitate her, she passed away in the emergency room.
It was suggested by the Inquest into the Death of Ms. Dhu that persons should not be imprisoned just for failing to pay fines. Alternatively, it suggested that if incarceration was to continue as a means of satisfying penalties, a magistrate should only issue the order following a hearing. The September 2019 legislation in Washington still permits incarceration as a last option. But only a magistrate has the authority to order this, and even then, under very specific conditions.
What happens if I fail to pay the fine?
Most unpaid penalties in NSW are processed and recovered by Revenue NSW. A reminder will be sent to you, along with an extension of 28 days for payment. Enforcement costs are added if payment is not received by this deadline. If the fine is not paid, you may be faced with a debt that is far larger than the fine itself.
When fines are not paid, the state revenue may pursue various measures, each with additional expenses added to the overall amount you owe.
Remove your driver’s license
Revenue NSW has the authority to revoke your registration, prohibit you from operating a vehicle, and limit your ability to transact with the RMS. Generally speaking, these limits won’t be withdrawn until all overdue fines have been paid, however Revenue NSW might agree to lift them early in certain situations.
Take possession of and sell your property
Your possessions may be seized by Revenue NSW and put up for public auction if fines are not paid. You can have sheriffs come to your house and take your belongings so they can be sold.
Adorn your bank account or pay
Revenue NSW may get in touch with your employer and demand that they take money out of your wages to settle any unpaid fines. Additionally, they might withdraw funds from your bank account.
Take you before the judge
In order to decide what will happen if you don’t pay the fines, Revenue NSW may also ask you to appear in court for an examination hearing. A warrant for your arrest may be issued if you fail to appear.
Register interest in your home
Any land you own may be charged by Revenue NSW until all outstanding fines are paid. This implies that unless the obligation is settled, you are unable to sell your land.
Demand that you perform community service
The Commissioner may order you to perform community service as part of a Community Corrections Order in order to pay off the fine if prior enforcement measures have failed to recover the debt.
Violating a directive
The Fines Act of 1966, Section 125, does away with jail time as a consequence of nonpayment of fines. On the other hand, disobeying a community corrections or community service order might result in incarceration.
Likewise, you risk going to jail if your license is suspended yet you continue to drive. Repeat offenders who are detected driving without a license may also be subject to additional suspensions, fines, and jail time.
If I’m unable to pay my fines, what can I do?
There are several things you might attempt if you are unable to pay your fines:
Contest the fine
You can petition for an annulment if you think you shouldn’t have to pay the fine; a magistrate will make the final decision once the case is heard in court. To determine whether this alternative is right for you, you should first obtain legal counsel.
Establish a payment schedule
For the debt to be paid off in installments, you might ask for a payment plan. There can be minimum repayment amounts, and if you don’t make a payment, you might be required to pay the entire fine right away in addition to an additional late fee.
Make a Work Development Order application
If qualified, you could be able to pay off your debt by participating in a course or treatment program, performing community service, or both. Those who are homeless, suffer from mental illness, have an intellectual handicap or cognitive impairment, are seriously addicted to drugs or alcohol, are severely impoverished financially, or have extraordinary circumstances are among those who qualify.
Ask for a review
You might be able to ask for a review and have the offense or the enforcement fees assessed if you were unable to respond to your penalty notice by the deadline.
While you’re in detention, have the debt suspended
It is possible for those who are incarcerated to request that their fines be suspended until their release.
Please get in touch with Dot Legal Lawyers if you need assistance with any other legal concern or if you have received a fine and are unsure of what to do next.
