THE INFRINGEMENTS PROCESS

James Farrell, PILCH Homeless Persons' Legal Clinic

The infringement notice
What happens after the notice is issued?

The infringements system gives anyone who has been issued with an infringement notice a number of options, including a chance to pay the penalty for the offence set out in the notice and thereby "expiate" the offence (that is, avoid any court proceedings) (see: "What happens after the notice is issued?", below).

While there are harsh sanctions at the warrant enforcement stage of the infringements system, the Infringements Act also contains provisions designed to alleviate the inflexibility of the system where appropriate. Many people who are living on limited incomes or experiencing homelessness accrue significant unpaid fines or infringement notices. In some cases, this is because of the person's housing status; for example, a person is far more likely to incur a fine for drinking in public if they have no private residence in which to drink.

In other cases, there may be further underlying causes; for example, a person who is mentally ill and is the subject of an administration order may simply have no money to buy a ticket for public transport. Importantly in such cases, the Infringements Act also allows for a review of the decision to issue the fine in the first place. For example, in some cases people who are able to provide evidence of their "special circumstances" may be able to have their fine revoked. More information about the options available is set out below (see: "What are my options?", below).

The infringement notice

An infringement notice should contain details (usually set out in the legislation that creates the offence) about the offence and how to pay the penalty, including:

the name and address of the person who is presumed to have committed the offence, if known (sometimes this may be shown as "The Owner", such as in the case of parking offences);
the vehicle registration number (or other means of identification) if it is a motor vehicle offence (e.g. a traffic or parking offence);
the date the notice was issued, and the approximate time, date and place that the offence is said to have occurred;
a description of the offence, i.e. what law was broken;
the amount of penalty that has to be paid, plus details of how to pay and the time limit for payment (which must be at least 28 days from the date it is sent or given to you);
the enforcement agency who is issuing the infringement notice;
a warning that if the fine is not paid within the stated time limit, further enforcement action may taken against you and further costs may be added to the amount of the fine; and
other options for dealing with the fine (including that you may apply for review of the decision to issue the fine, or enter into a payment plan. More information about these options is set out below (see: "What are my options?")).

There are several ways in which you can receive an infringement notice, including:

in person;
on your windscreen (if it is for a parking infringement); or
by mail or delivery to your home or business address.

What happens after the notice is issued?

Under the infringements system, the steps in the enforcement of infringement notices are as follows:

An infringement notice is issued:
1. payment of the penalty fixed in the notice within 28 days (or any longer time stated in the notice) results in expiation of the offence (i.e, no further enforcement action or court proceedings will be taken); or
2. non-payment of the penalty within the time stated in the notice results in the issue of a penalty reminder notice, which adds additional costs to the original penalty.
A penalty reminder notice is issued:
1. payment of the penalty and costs fixed in the penalty reminder notice within 28 days (or any longer time stated in the notice) results in expiation of the offence; or
2. non-payment within the time stated in the notice results in lodgment of the notice with the Infringements Court, which then issues an enforcement order.
An enforcement order is issued:
1. payment of the penalty and costs fixed in the enforcement order within 28 days results in expiation of the offence; or
2. non-payment within 28 days results in the Infringements Court issuing an infringement warrant.
An infringement warrant is issued:
1. payment of the penalty and costs fixed in the infringement warrant results in expiation of the offence; or
2. non-payment results in execution of the warrant authorising the Sheriff to seize property or, if the person has little or no property, to arrest the person or use other enforcement measures. Enforcement procedures are similar to those described under "Enforcement of court orders", in Chapter 8*1 Debts. However, under the Infringements Act there is also a range of further enforcement powers. In addition to the powers to seize property and person, the Sheriff, or other authorised person, has powers to suspend and cancel a driver's licence or a vehicle's registration, wheel clamp a motor vehicle and impose wage or debt deduction orders until payment is made. The enforcement procedures in relation to infringements are described further below (see: "What happens if I take no action?").

Note: Fees are added at each of these stages.

If you:

did not commit the offence alleged in the infringement notice;
had a reasonable excuse for committing the offence;
are experiencing financial or social hardship; or
have other "special circumstances" that contributed to the offence or your inability to pay.

Then there may be options available to you other than payment in full as required by the notice. These options include: