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Recommendation 103
This recommendation is assigned to CSNSW.
Recommendation
That in jurisdictions where a Community Service Order may be imposed for fine default, the dollar value of a day's service should be greater than and certainly not less than, the dollar value of a day served in prison.
Context
The Royal Commission noted that there was an apparent lack of awareness or willingness to apply non-custodial sentencing options. Recommendation 103 is directed at ensuring the monetary value of community service work for fine default is greater than the value of a day in prison.
Status: Implemented, but was recently removed in legislation
Detail of implementation
The State Debt Recovery (SDR) (Revenue NSW) has not issued a warrant of commitment for fine default since 1998.
SDR explored the options to repeal providions in the Fines Act 1996 (NSW) that permit imprisonment via a warrant of commitment for fine default. On 19 May 2022 the State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 was assented to and repealed imprisonment for failure to comply with a fine enforcement order. This change was reflected in the State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022.
Work Development (WDOs) now available through Revenue NSW.
Evidence
Last updated:
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