The passing of the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA) brought about substantial changes in the processes of collecting outstanding amounts owing on court fines, and infringement notices.

It is important that you understand the difference between a fine and an infringement, and the processes of enforcement (collection) relating to each of them.

A court fine is a monetary penalty imposed by a court for an offence. It includes any costs ordered to be paid by the offender in connection with the proceedings.

An infringement notice is a notice issued under a written law, which alleges that you committed an offence and offers you the opportunity to pay a specified amount of money if you wish to settle the matter out of court, eg, parking tickets, minor speeding offences.

If you:

ignore, or fail to pay on an infringement notices (in full) by the due date OR
fail to pay, or arrange time to pay a fine imposed by a court within 28 days
the court or prosecuting authority may proceed through the enforcement (collection) process. This may mean further costs for you and may result in the suspension of your driver’s licence or vehicle registration licence. In the case of unpaid fines the end result may be the issuing of a warrant for your arrest.

You CANNOT apply for an Extraordinary Driver’s Licence if your licence has been suspended for non-payment of fines or infringements.

All notices and demands in the enforcement process need only be served on you by ordinary post to your last known address. If you have not received notices because you have moved house and not notified the relevant authorities of your change of address OR have not received mail for some other reason, you may be unaware that action is being taken against you. You might end up paying extra fees unnecessarily and risk prosecution for driving without a licence if your licence has been suspended.

The following information describe:-

• the stages of the enforcement process for both fines and infringements
• the implications of each stage for you
• what your options are at each stage of the process
  

INFRINGEMENT NOTICES

The Enforcement (Collection) Process and Your Options

An infringement notice is a notice issued under a written law, which alleges that you committed an offence and offers you the opportunity to pay a specified amount of money if you wish to settle the matter out of court.

Stage 1 The prosecuting authority serves you with:

An infringement notice

This may be done through the post to your last known address OR may have been handed to you in person. The infringement notice will usually state The name of the alleged offender.The name of the prosecuting authority.Details of the alleged offence including time, date, and place.The name of the prosecuting officer/official.The amount payable in respect of that offence. The date payment is due (usually 28 days). What will happen if you ignore the notice and do nothing.What your options are.

Traffic infringement and photographic evidence

If the infringement notice has been issued by the police for a traffic offence which relies on photographic evidence from traffic surveillance cameras (eg multanova) you are given the opportunity arrange to view the photograph and/or state that you were not the driver. You will be required to name the driver on that occasion. If the vehicle was stolen you will need to provide the police report number given to you when you reported the theft. You can contact the Camera Section of the WA Police on 9222 1318 if you have received infringement notices for offences you believe you did not commit (eg because you were in prison at the time of the alleged offence). The police may be able to investigate the matter further.

Your options are:

• Pay the full amount by the due date (usually 28 days)
  (Where you can pay will be stated on the notice). Keep the receipt in a safe place. That should be an end to the matter.
• Tell the prosecuting authority, in writing , that you want the matter dealt with in court. See notes at the end of this section about court hearings.
• Ignore the infringement notice and do nothing

Stage 2. A final demand is sent

The demand letter will state that you have a further 28 days to pay the full amount plus extra costs for sending the demand letter.

Your options are:

• Pay the full amount plus costs. Where to pay will be stated on the demand notice, usually at any post office
• Keep the receipt in a safe place. That should be an end to the matter.
• Request, in writing to have the matter dealt with in court .
• Ignore the final demand notice and do nothing. After the 28 days has lapsed the infringement notice will be registered with the Fines Enforcement Registry

Stage 3. Registration with the Fines Enforcement Registry

Once the infringement is registered with the Fines Enforcement Registry, the Registrar MUST issue you with another order giving you a further 28 days to pay the infringement and the enforcement fees or request to have the matter heard in court. This will be sent through the post.

Your options are:

• Pay the full amount plus costs Payment can be made at any Court of Petty Sessions or the Fines Enforcement Registry- details at the end of this fact sheet. (In country areas where there is no Court of Petty Sessions, payment can be made at the local police station). Keep the receipt in a safe place. That should be an end to the matter.
• Request, in writing, to have the matter be heard in court.
• Ignore the notice and do nothing. If you ignore the notice or have not paid the full amount within the 28 days, the Fines Enforcement Registry will issue you with a 'Notice of intention to suspend drivers licence or motor vehicle licences'.

Stage 4. A notice of intention to suspend licences is served on you

This notice MUST be served on you before your licence can be suspended. As with all other notices in this process it need ONLY be served by post to your last known address.

A Notice of Intention to suspend licences MUST:

• State the date and time when your licence will be suspended. You must be given at least 28 days.
• Explain to you that that if your licence is suspended it will not be restored until you have paid the amount specified on the infringement notice PLUSall enforcement fees.
• Explain the terms of the proposed suspension order.
• Provide other relevant information.
• Holding or obtaining any vehicle licence.

A suspension order may disqualify you from one of the following:

• Holding or obtaining a driver's licence
• Holding or obtaining a vehicle licence as specified on the suspension order
• Holding or obtaining any vehicle licence
  

Your options are:

• Pay the full amount plus costs Payment can be made at any Court of Petty Sessions or the Fines Enforcement Registry- details at the end of this fact sheet. (In country areas where there is no Court of Petty Sessions, payment can be made at the local police station). Keep the receipt in a safe place. That should be an end to the matter.
• At this stage you can still choose to have the matter be heard in the Court of Petty Sessions See notes at the end of this section about asking that the matter be heard in court.
• Ignore the notice and do nothing. Your licence will be suspended.
  If you ignore the notice or have not paid the FULL amount BEFORE the date/time given the Fines Enforcement Registry will SUSPEND DRIVERÕS LICENCE OR MOTOR VEHICLE LICENCES. See stage 5.

Stage 5.  A licence suspension order is issued

If the Registrar has not received full payment of the amounts due by the date given, a licence suspension order will be made and confirmation sent to you.

An extra enforcement cost may be added on at this stage.

If the registrar does suspend your licence he/she must:

• Issue you with a notice that your licence has been suspended.
• Advise the traffic authority that your licence has been suspended.
  Your options are

Your options are:

• Pay the infringement amount and the enforcement fees in full Payment can be made at any Court of Petty Sessions or the Fines Enforcement Registry- details at the end of this fact sheet. (In country areas where there is no Court of Petty Sessions payment can be made at the local police station) Keep the receipt in a safe place. Your licence should be restored immediately but check that this has been done before you drive.
• At this stage you can still choose to have the matter be heard in the Court of Petty Sessions See notes at the end of this section about asking that the matter be heard in court
• Ignore the notice and do nothing. Your licence will continue to be suspended until the infringement and enforcement fees are paid in full OR the matter is referred to court.

Setting aside a drivers licence suspension order

For non-payment of Fines or Infringements. Under Section 101 & 101A of the FINES Penalties and Infringement Act you may apply to the court have a licence suspension order set aside (cancelled) if you can prove that :

• You did not receive any of the notices relating to infringements OR * summonses and notices relating to court fines and
• that you were not in court when a court fine was imposed

Before you make application to the court to have the suspension order set aside you should seek further information and legal advice. Legal Aid duty lawyers at the court may be able to provide you with the information you need to lodge your application but will not be able to represent you in court. If you are charged with driving while under suspension, you MAY have a defence that you made an honest mistake if you were not aware that your licence had been suspended. You should seek further information and legal advice. The list of legal contact points attached to these information sheets may be helpful.

Choosing to have the matter heard in court

If you choose to have the matter dealt with by the court because you believe that you did not commit any offence, disagree with some aspects of the alleged offence, or feel that there were factors not taken into account which may have some bearing on the matter, you need to be aware that you may incur extra costs such as court fees and solicitors' fees (if you use a solicitor). At the end of the day the court may not find in your favour and you might end up paying more than the original infringement amount. Unfortunately this is often the case.

If you were considering taking the matter to court you would be wise to seek further information and/or legal advice about the law relating to the alleged offence before doing so. You can use a private solicitor or seek assistance from Legal Aid or a community based legal centre. The legal contact points attached to these information sheets may be useful.

COURT FINES The Enforcement (Collection) Process and Your Options

A Fine is a monetary penalty imposed by a court for an offence. It includes any costs ordered to be paid by the offender in connection with the proceedings.

Stage 1. The court imposes a fine on you

Your options are:

• Pay the fine in full within 28 days. The fine will usually need to be paid at the court where it was imposed Keep the receipt safe. That should be an end to the matter.
• Apply for time to pay.  If you apply for time to pay you will need to provide proof that you would be in financial hardship if you had to pay the full amount of the fine within the 28-day period. You could supply the court with proof of your income and a budget sheet, which shows your income and expenditure. REMEMBER TO INCLUDE ALL OF YOUR LIVING COSTS, EVEN THOSE THAT ARE PAID PERIODICALLY.  The court officer's decision on whether to allow you time to pay is final.  If you are granted time to pay, the court MUST serve you with a "time to pay order". This will state the conditions you must meet. If you are refused time to pay the court MUST serve you with a notice telling you that your application has been refused. If your circumstances change after a time to pay order has been granted it may be possible to have it amended. You should contact the court as soon as you know that there may be difficulties. If you do not meet the payments as agreed on a "time to pay" order the fine may be sent to the Fines Enforcement Registry and you will no longer have the opportunity to change the time to pay order. If the fine is sent to the Fines Enforcement Registry see stage 2.

• Apply to the Court for "time to pay" the fine. Ths must be done within 28 days.
• Ignore the court order and do nothing.  If you do not pay the fine in full OR arrange time to pay with in the 28 days the Court may refer the fine to the Fines Enforcement Registry. See stage 2
  

Stage 2. Registration with the Fines Enforcement Registry.

Once the fine has been registered with the Fines Enforcement Registry and the fine remains unpaid the Registrar may issue you with a notice of intention to suspend your licences.

Stage 3.  Notice of intention to suspend licences is served on you

This notice MUST be served on you before your licence can be suspended. It needs ONLY be served by post at your last known address.

A Notice of Intention to suspend licences must state: -

• The date and time when your licence will be suspended if you do not pay the fine. You must be given 28 days to pay before the order to suspend your licence can be made.
• Explain to you that that if your licence is suspended it will not be restored until you have paid the fine in full plus all enforcement fees.
• Explain the terms of the proposed suspension order.
• Provide other relevant information.

Your options are:

• Pay the fine and the enforcement costs in full. Payment can be made at any Court of Petty Sessions or the Fines Enforcement Registry - details at the end of this fact sheet. (In country areas where there is no Court of Petty Sessions payment can be made at the local police station). Keep the receipt in a safe place. That should be an end to the matter.
• Ignore the notice and do nothing. The licence suspension order may proceed.
  

Stage 4. A licence suspension order

If the Registrar has not received full payment of the fine and the enforcement costs by the date given, a Licence Suspension Order will be made and confirmation sent to you by post at your last known address.

An extra cost will be added on to the amount owing at this stage.

If the registrar does suspend your licence he/she must

• Issue you with a notice that your licence has been suspended.
• Advise the traffic authority that your licence has been suspended.
  

A suspension order may disqualify you from one of the following

• Holding or obtaining a driver's licence.
• Holding or obtaining a vehicle licence as specified on the suspension order.
• Holding or obtaining any vehicle licence

If you do not have a driver's licence or vehicle registered in your name the Fines Enforcement Agency Registrar may issue a "Warrant of Execution". See stage 5

Your options are:

• Pay the fine and the enforcement costs in full Payment should be made to ANY Court of Petty Sessions or the Fines Enforcement Registry - details at the end of this fact sheet. In country areas where there is no Court of Petty Sessions payment can be made to the local police station. Keep the receipt in a safe place. That should be an end to the matter. Your licence should be restored once the fine has been paid, BUT do check that this has happened before you drive. There may be some other reason for your licence being suspended/cancelled.
• Ignore the notice and do nothing. Your licence may remain suspended until further action. The Registrar may cancel the suspension order and issue a "warrant of execution" which means that the Sheriff can come to your house and see if you have any property (goods or land) that can be seized and sold to pay all or part of the fine and enforcement costs. See Stage 5
• Apply to set aside a drivers licence suspension order.  Under Section 101 & 101A of the FINES Penalties and Infringement Act you may apply to the court to have a licence suspension order set aside (cancelled) if you can prove that :
  • you did not receive any of the notices relating to infringements or
  • that you did not receive summonses and notices relating to court fines and
  • that you were not in court when a court fine was imposed
  If you want to make application to the court to have the suspension order set aside you should seek further information and legal advice. Legal Aid duty lawyers at the court may be able to provide you with the information you need to lodge your application but will not be able to represent you in court.

Stage 5.  A warrantof execution is issued

A "warrant of execution" is a court order, which gives the Sheriff the power to seize your goods and/or land which may be sold in order to recover amounts owing on the fine and any enforcement costs. The Sheriff may use a private contractor to act as his/her agent (eg, a debt collection agent) to serve the warrant of execution and assess your property .

The Sheriff (or his/her agent) may agree to accept payment in instalments at this stage.

There is some property which cannot be seized by the Sheriff and this includes

• Family photographs or portraits.
• Items of clothing and household items necessary for the offender and any dependants.
• Ordinary tools of trade, professional instruments, and reference books which does not exceed the prescribed amount.
• Any property held in trust for another person and in which the offender has no beneficial interest.

Your options are:

• Pay the fine and the enforcement costs in full (Payment should be made to the Sheriff or Sheriffs agent, The Fines Enforcement Registry or any Court of Petty Sessions). Keep the receipt in a safe place. That should be an end to the matter.
• Try and negotiate payment by instalments with the Sheriff (or agent).
• Ignore the warrant and do nothing. If you have goods or land that can be seized, the Sheriff (or agent) may proceed with the sale of your goods and/or land. If the sale of goods and/or land does not raise enough to cover all the fine and enforcement costs you will still have to pay the amount outstanding.

If the Sheriff (or agent) finds that you have no property which can be seized AND you have not paid the fine and enforcement costs in full OR arranged, and maintained an agreement, to pay by instalments, the Sheriff (or agent) may issue a compulsory "Work and Development Order (WDO).

Stage 6.  A compulsory work and development order (WDO) is issued

The Sheriff may issue an order for you to attend a Community Corrections Office to undertake a compulsory Work and Development Order.

You will be required to do 6 hours Community work for every $150 (or part there of) of the fine.

Your options are:

• Pay the fine and the enforcement costs in full Keep the receipt in a safe place. That should be an end to the matter.
• Report to the Community Corrections Centre by the stated date and arrange to serve the hours in community work instead of paying the fine. At any time during the work and development order can pay out the balance of the fine.

• Ignore the order and do nothing. If you do not complete a work and development order the Registrar may issue a warrant for your arrest.

Stage 7.  A warrant of committment is issued for your arrest

If you fail to pay the fine or comply with the work and development order you may be arrested and imprisoned for 1 day for every $150.00 fine (and enforcement costs) not paid.

If you have more than 1 fine a separate term of imprisonment will be imposed for each one.

Your only option now are:

• Pay the balance of the fine to secure your release. 
• Serve the time in prison required to satisfy the fine and enforcement fee.
• At any time during imprisonment you can pay out the balance of the fine to obtain your release.

Outstanding fines.

If you are concerned that you may have outstanding fines you can contact the clerk of courts at the court where you think the fine was imposed and ask for the charge number. Information about infringements can be obtained from the prosecuting authority. If a fine or infringement matter has been referred to the Fines Enforcement Registry you can contact the Registry and ask for a statement of any outstanding fines and/or infringement.

Fines Enforcement Registry Phone: 9235 0235
Fax: 9235 0299
Ministry of Justice
Ground Floor
May Holman Centre
32 St Georges Terrace
PERTH WA 6000 Hours Open: Monday - Friday 9.00 - 4.30

Process summary

Fine from court:

• 28 Days to Pay OR arrange time to pay
• If not paid in full or no "time to pay"arranged fine will be refered the to the Fines Enforcement Registry.
• If not padf in full a drivers licence suspension order will be issued.
• 28 days to pay.
• If not paid in full and the person has no drivers licence or registered car a Warrant of Execution may be issued

Licence suspended

• If not paid in full and there are no goods to seize and no time to pay arrangement set up, will be issued with a compulsory work and development order of 6 hours per $150 fine and costs which were not paid.
• If the work and development order is ignored or not completed a Warrant of Execution is isuued
• The license suspension is cancelled and the Sheriiff arrives to possess goods.
• If no goods available imprisonment of 1 day for every 3 hours of WDO not completed.
  

Infringements

• Iinfringement notice served, and usually 28 days to pay or request time to pay
• If not paid in required time, a demand letter sent and a further 28 days to pay - extra cost are added.
• If not paid in full, will be registered with the Fines Enforecement Registry and a notice sent giving further 28 days to pay or request court hearing
• If not paid in full a notice of intention to suspend licence is issued28 Days to pay or request court hearing
• If not paid in full, licence suspended and remains suspended till paid in full OR The matter goes to court

WARNING!
You may need to seek more information/legal advice about your individual situation. This information is ONLY a general guide to the fines enforcement process and should not be regarded as legal advice. Legislation can change and administrative processes can vary.