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Review of infringement regulations

Review of infringement regulations

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The LIV submits that the current fines system has entrenched further disadvantage and criminalised poverty for vulnerable Victorians.

The LIV notes that people disproportionately affected by infringements regulations include:

  • People with disabilities
  • Aboriginal and Torres Strait Islanders
  • Young people

An infringement notice can have a disproportionate impact on disadvantaged groups when compared to other groups, and can thus entrench and perpetuate a state of poverty and disadvantage.

People with no fixed address to receive fines, mental health issues, substance abuse issues, intellectual disability, low literacy levels, financial hardship, social isolation, and exposure to domestic violence have more difficulty paying fines due to their reduced ability to generate income and capacity to understand infringement notices. LIV members report that this issue is further exacerbated by the fact that the terminology throughout the infringement process is misleading. This terminology effectively disadvantages people with a disability, those who are illiterate and those who have limited English skills. For example, notices from the Infringement Court state that an enforcement order has been ‘revoked’ which people have regularly assumed to mean that the fine was cancelled. In fact, this means that the enforcement order has been cancelled temporarily while the matter is referred back to the enforcement/issuing agency for consideration.

The LIV submits that the current infringements system fails to deliver just and proportionate punishment when it disproportionately affects disadvantaged groups when compared with other members of society.

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Clara Bradley, Lawyer, Legal Policy

T: 03 9607 9365
E: submissions@liv.asn.au
 

 


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