Joe Berinson

Joe Berinson

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    Bill to reduce number of people gaoled for fine defaulting

    4/06/1992 12:00 AM
     
     
    The State Government has moved to reduce the number of people being gaoled for non-payment of fines.
     
    Legislation introduced to Parliament today will expand the existing work order system to allow fines and penalties payable to local government, and fines imposed by the local court, to be converted to supervised work in the community.
     
    At present, only fines payable to consolidated revenue, such as police traffic fines, can be converted.
     
    Mr Berinson said the change would help divert people away from prisons into more constructive community corrections programs.
     
    The legislation also cracks down on people who refuse to pay fines when they have the means to do so.
     
    Mr Berinson said some defendants simply refused to pay their fines, electing instead to cut them out in prison.
     
    "Those people impose an unacceptable cost burden on the community of more than $100 a day per person," he said.
     
    The legislation would allow the prosecution to seek payment of a fine by the confiscation of property.
     
    "The aim is that prison not be an option for those who can afford to pay their fine, but deliberately refuse to do so," he said.
     
    To improve efficiency in the Magistrates Courts, the Bill also empowers court officers employed by Crown Law to extend times to pay fines, or permit payment by instalments.  Magistrates could veto extensions if they saw fit.
     
    The Acts Amendment (Jurisdiction and Criminal Procedure) Bill also makes a number of reforms to court procedures to help reduce delays.
     
    These include fast tracking committal proceedings, and formally providing for sentence discounts for an early plea of guilty.
     
    Mr Berinson said the jurisdiction of the District Court and Local Court would also be expanded.
     
    The Bill would remove the exclusive jurisdiction of the Supreme Court to try sexual assault cases by giving the District Court jurisdiction over sexual offences punishable by a maximum term of imprisonment of less than 20 years.
     
    Offences punishable by a maximum term of life or strict security life imprisonment would continue to be reserved for the Supreme Court.
     
    The civil jurisdiction of the District Court in non-personal injury claims would also be increased for the first time in seven years from $80,000 to $250,000.
     
    The Local Court jurisdiction would be increased from $10,000 to $25,000.