On the Spot
Fines
Schedule 7 Magistrates Court Act
1989
Court can:
•
•
•
•
•
discharge fine
Adjourn for 6 months
instalment order
payment plan
Refer to Enforcement Review Project
Who can be eligible?
• No distinct definition
The court includes the following:
a diagnosed mental illness
neurological disorders
a severe physical disability
Infringement Act 2005
• "special circumstances", in relation to a person means—
•
(a)
a mental or intellectual disability, disorder,
disease or illness where the disability, disorder, disease or
illness results in the person being unable—
•
(i)
to understand that conduct constitutes an
offence; or
•
(ii)
or
to control conduct that constitutes an offence;
s. 3
(b)
a serious addiction to drugs, alcohol or a volatile
substance within the meaning of section 57 of the Drugs,
Poisons and Controlled Substances Act 1981 where the
serious addiction results in the person being unable—
•
(i)
to understand that conduct constitutes an
offence; or
•
(ii)
to control conduct which constitutes an offence;
or
•
(c)
homelessness determined in accordance with the
prescribed criteria (if any) where the homelessness results in
the person being unable to control conduct which constitutes
an offence;
Infringement Act Commencement
Commencement:
• New Infringement system proposed to
come into effect 1st July 2006 must
before 1st July 2007
Enforcement Review Program
• The Enforcement Review Program (ERP)
assists people in the community who have
‘special circumstances’ and outstanding
Perin fines that are progressing to warrant
stage
• It enables the court to impose outcomes that
reflect the circumstances of the case
How to apply
A person who believes they have special
circumstances may make an application or a
third party may apply on their behalf
A third party can be:
•parent
•case manager or worker
•social worker
•financial counsellor
•legal rep
Letter to Special Circs List
8 April 2003
Co-ordinator
Special Circumstances List
Melbourne Magistrates' Court
Fax: 96287826
Dear ……….,
Re: Lauren Order
Address:
DoB …
Perin Court Matters
We act for Ms Order in relation to a matter before the Perin Court. Please find attached the penalty notice issued for response by 29 April
2003. We write in request this matter be withdrawn.
Ms Order's disability disadvantages her in relation to representing himself in this matter. She has attended our office requesting we
represent her, because we are specialist in mental health and the law.
Ms Order has a diagnosis of schizophrenia. She was first admitted for treatment to the Alfred Hospital in 1943.
She instructs that she has also had substance abuse issues in the past and at this time was disorganised and unable to manage her finances.
An application was made for the appointment of an Administrator and since 1995 the State Trustees have been acting in this capacity.
We have requested a report from Ms Order’s treating practitioner, Dr Fran Smith, to confirm her psychiatric disability. She is on leave but
will provide a report upon her return.
Ms Order instructs that she was an inpatient of the Alfred Hospital in the Acute Psychiatric Unit in 2002 and that following discharge was
having difficulty managing independently. She was unable to manage her budgeting and accrued a number of debts. Her worker form
Waiora applied to VCAT for the appointment of an Administrator. Since this time the State Trustees have been acting on her behalf as her
Administrator.
We attach a signed authority from Ms Order authorising for us to act for him in this matter.
We thank you in anticipation of your assistance in this matter. Please contact Vivienne Topp, on 96294422 with any queries.
Yours faithfully
Vivienne Topp
Lawyer
Mental Health Legal Centre Inc
Letter to Dr
13 February 2003
Dr Smith
Fax: 97007000
Dear Dr Smith
Re: Lauren Order
We act on behalf of Lauren Order in relation a ticket infringement she incurred for not having a ticket on public
transport.
She instructs she is often chaotic and disorganised with daily management of her estate, for this reason the StateTrustees have
been appointed as her Administrators. She instructs that she receives ongoing treatment and support from you.
In this context, we would appreciate your opinion as to:
The nature of Lauren Order’s psychiatric disability and opinion as to its severity;
Any view you can provide as to a connection between her disability and the fine; in particular to realise the nature of
her conduct, or that what she was doing was wrong.
Any view on her ability to pay given her limited means and ability to organise the management of such a meagre estate
The impact of these circumstances on her mental state.
Recommendations as to appropriate future treatment
Any other matters you think may be relevant
We thank you for your assistance, and invite you to contact Vivienne Topp of our office if you require any further
information.
Yours faithfully,
Vivienne Topp
Lawyer
Mental Health Legal Centre Inc.
Letter to Client
29 October 2003
Ms Lauren Order
Address:
Dear Ms Order
Re: Perin Court Fines
We confirm that we applied to the Perin Court for your fine to be listed in the Enforcement Review list. The
matter has been listed for a hearing on 20 November 2003, you will need to attend Court on this day.
We confirm that we have told your sister of the listing day, who advised that she will accompany you on the
day if you require assistance. The notice says 10 am but we advise you to get there about 9.30.
The matter is very straight forward, the Magistrate has a copy of Dr Smith’s report. You may be asked a
couple of questions by the Magistrate, you may be asked to sign a bond or agreement that you will not get anymore fines for a set
period of time.
If you have any further queries please do not hesitate to contact me on 9629 4422.
Yours faithfully,
Vivienne Topp
Lawyer
Mental Health Legal Centre Inc.
Amnesty
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