the system/options available to you, then an
infringement matter can be dealt with. However, the
infringements system is complex, confusing and
convoluted, especially for disadvantaged groups.
community support agencies.
the lack of understanding that Koori women
have about the infringements system and its
processes
`special circumstance list', in fine-
related matters. However, quite often
they do not apply early enough in the
process so they are unable to get an
exemption.
undertaken by Local Justice Workers in liaising
between the Sheriff's Office and Koories to resolve
outstanding fines. We further note the success
of the Koori Offender Support and Mentoring
Program, in assisting Koories to address fines
payments. These programs should be enhanced
with a specific focus on Koori women with multiple
fines and at risk of imprisonment.
notice withdrawn or an enforcement order
cancelled if there are `special circumstances'.
These include where the person has a mental or
intellectual disability or disorder, disease or illness,
or a serious addiction to drugs, or alcohol or a
volatile substance that resulted in being unable to
understand or control the behaviour that resulted in
an offence.
resulting in an inability to control the behaviour
constituting the offence.
Bernadette Saunders et al, `Unpaid Infringement
Notices', above n 244, 6.
249
Key informant interview, Victorian Aboriginal Legal
Service, 15 November 2012.
Homelessness as defined by Regulation 7 of the
Infringement (General) Regulations 2006 (Vic).
circumstances' is narrowly defined and excludes
other vulnerable groups, including people with
other disabilities, victims of family violence and
people experiencing long-term financial hardship.
challenge infringements on the grounds of
`exceptional circumstances', which is not defined.
must appear before a Magistrate and produce
documentation to support their claim, thereby
compounding the trauma of the victim of family
violence. Even if a Koori woman is able to meet the
narrow special circumstances criteria, she may
experience difficulty obtaining documentation to
substantiate her claim due to costs.
problem in Aboriginal and Torres Strait Islander
communities. The NSW Ombudsman, in a review
of criminal infringement notices (CINs), found:
comprising 2.2 per cent of the population
Debt Recovery Office.
many people are unaware of the procedures
required to contest a fine or seek legal advice.
Over a six-year period in NSW, only seven
Indigenous people had contested a fine in court.
Those with a mental illness, intellectual disability or
substance addiction report difficulty obtaining medical
reports because doctors, specialists and psychologists
usually require a significant fee. Bernadette Saunders
et al, `Unpaid Infringement Notices', above n 244, 91.
New South Wales Ombudsman, Review of the Impact
of Criminal Infringement Notices on Aboriginal
communities (2009) 93.
257
Bernadette Saunders et al, `Unpaid Infringement
Notices', above n 244, 72.