The Law Handbook 2024

Chapter 3.1: Fines and infringements 127 4 Apply for a conversion of a fine to an unpaid community work order You may be able to apply for a fine conversion order ( FCO ) if you are unable to pay the fine given by the court by the due date. Similarly, if the due date for a fine imposed in open court has already passed, you may be able to apply for a fine default unpaid community work order ( FDUCWO ). These orders allow you to pay the open court fine by doing community work. You can apply for an FCO or FDUCWO in person at the criminal enquiry counter at the Magistrates’ Court. Failing to comply with the requirements of a FCO or a FDUCWO can lead to you being brought before a magistrate in open court again, where you can be resentenced for the original offences, as well as for the offence of failing to comply with the order. The registrar usually only grants applications if the applicant is unemployed or if there is an exceptional reason why the fine cannot be paid in instalments. To obtain a FCO or FDUCWO, you need to be assessed for eligibility and you have to agree to certain standard conditions, including: • not committing any other offence for which the penalty is a prison sentence during the order term; • reporting to a designated community corrections centre within two working days after the order commences; • not leaving the state without permission; • receivingvisits from, and reporting to, a community correctional services officer as required; • notifying your supervising officer promptly if you change your address or your job; • complying with all reasonable orders given by your supervising officer; and • complying with any other specific conditions set by the secretary, which may include attendance at an educational program, drug or alcohol rehabilitation or medical treatment. In relation to a FCO or FDUCWO, your supervising officer will set your hours and assign you to a community work site after assessing your skills and work capacity. You also have to report to your supervising officer as directed. If you fail to do so several times without good reason you could be in breach of the order and be returned to court. Any complaints about the conditions of your order should be discussed first with your supervising officer and, if not resolved, with more senior officers. You may be able to apply to carry out the community work at a charity of your choice (e.g. at a rehabilitation centre where you have been volunteering). If you want to do this, provide a supporting letter from someone at the charity who knows you to strengthen your application. Under FCOs and FDUCWOs, the number of hours you will be required to work is calculated at the rate of 0.2 of a penalty unit for every one hour worked until the penalty is paid (unless the court sets a different number of hours). There is a minimum of eight hours to be worked and a maximum of 500 hours. If you have more than one FCO or FDUCWO, you cannot serve them at the same time (i.e. concurrently), unlike with a prison sentence. You have to serve them one after the other (i.e. cumulatively). In some special circumstances (e.g. if you are ill), the FCO or FDUCWO can be suspended for a period, then resumed. You need to provide evidence of the circumstances that justify suspension. 5 Be arrested and have orders made by the Magistrates’ Court If you have defaulted on a court fine or an instalment order for a court fine, a warrant to arrest may be issued by the court. If you are arrested in relation to a default on your fines, you should seek legal advice. You may be able to ask – under section 69G of the Sentencing Act – that your fines be discharged if: • your circumstances have materially changed since the fine was imposed; or • your circumstances were wrongly stated when the fine was imposed; or • your circumstances were not accurately presented when the fine was imposed. However, if you are arrested in default of your fines, under Part 3B of the Sentencing Act, a magistrate has broad powers including making an instalment order, giving you time to pay or, in very limited circumstances, ordering you to serve a term of imprisonment. 6 Apply for a rehearing if you did not attend the hearing when the fine was imposed and you had a valid reason for not attending If you did not attend the court hearing when the fine was imposed, you can apply for a rehearing