The cost of fines for minor offences in the ACT would be set based on the offender's income under a system the territory's government has been told to investigate.
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A Legislative Assembly inquiry has recommended the government investigate adopting fines based on a proportion of income rather than fixed amounts because the current system has a "disproportionate impact on vulnerable people compared to the generation population".
The inquiry into the impact of penalties for minor offences in the ACT on vulnerable people made 13 recommendations, including calling for a review of public space offences and offensive behaviour offences, the introduction of warning notices for first offences rather than a fine, and whether concession card holders could pay cheaper fines.
A cap should be considered on the total number of fines police can issue in a single interaction with an offender to reduce financial impacts, the committee said.
The standing committee on justice and community safety said it was concerned penalties for minor offences in the ACT and non-payment of fines had a disproportionate impact on vulnerable people, including those who were homeless, experiencing mental health issues or from First Nations communities.
"The committee believes an ACT government review of minor offences, and of their impact on vulnerable people, is warranted," its report, tabled on Thursday, said.
The inquiry recommended the government also consider law changes that would mean a driver's licence would only be suspended based on a traffic offence rather than on the basis of a failure to pay a fine or penalty.
Attorney-General Shane Rattenbury told the inquiry Access Canberra did not prosecute people for failure to pay parking fines but failing to pay could result in a driver's licence suspension after a reminder.
"Committee members expressed their concern how a vulnerable person can have their driver's licence suspended through failure to pay a fine, then through a subsequent driving offence, this can lead to appearing before the criminal justice system and facing a possible term of imprisonment," the inquiry's report said.
"A better approach may be that a driver's licence should only be suspended based on the substance of an offence."
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A number of European countries - including Germany, Estonia, France, Finland and Sweden - operate fine systems where the fine amount is calculated based on the offender's disposable income.
The committee inquiry found that while it agreed income-based penalties were an attractive proposition, it was limited by poor access to reliable information about a person's income.
"Allowing use of income tax data from the Australian Taxation Office or income data from Centrelink would assist in the implementation of income-based penalties for minor offences," the committee said.
"However, in the absence of that data being available, an alternative indicator of a person's ability to pay could be if they hold a concession card."
The committee also recommended access for Aboriginal and Torres Strait Islander people to a funded driver licensing programs, and spend more on programs to support people on bail and boost access to restorative justice "to address underlying issues causing the offending behaviour related to the minor offence and reduce reoffending behaviours".
Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
