Fines Enforcement and Debt Recovery (Miscellaneous) Amendment Bill - Second Reading

Thursday 21 August 2025

S.E. ANDREWS (Gibson) (16:17): I rise to speak in support of the Fines Enforcement and Debt Recovery (Miscellaneous) Amendment Bill 2025, a bill that reflects our government's commitment to fairness, accountability and a more compassionate system of justice.

This legislation delivers practical and meaningful reform as to how we manage fines and debts owed to the state. It will centralise the currently fragmented system by establishing the Fines Enforcement and Recovery Unit, a single point of contact for individuals managing outstanding debts and, crucially, it will make the system more equitable for the very people most vulnerable to its failings.

A brief overview of the changes can be explained as follows. Regarding clarifying and enhancing powers of the Chief Recovery Officer, the bill address technical inconsistencies and administrative anomalies within the Fines Enforcement and Debt Recovery Act 2017 by clarifying and enhancing the powers of the Chief Recovery Officer. These adjustments come in response to identified issues in the act and feedback from operational experience.

Regarding the extension of existing payment arrangements for new fines, if an individual already has a payment arrangement in place and a new expiation or pecuniary sum is referred, the Chief Recovery Officer can include the new debt in the existing arrangement, helping to avoid new fees or enforcement actions. The individual will have 14 days to opt out and retains the right to challenge the new expiation.

In relation to adjusting late fee applications for pecuniary sums, late fees for pecuniary sums will now be charged based on the date the debt fell due, rather than one fee per criminal charge. This change reduces duplication, especially where multiple sums are ordered on the same day.

Prioritising victims of crime payments clarifies that court-ordered compensation or restitution to victims of crime must be paid in full before any remaining funds are allocated elsewhere. This ensures victims receive their due priority.

Regarding the staggered addition of reminder and enforcement fees, rather than layering multiple fees at once, reminder and enforcement fees will now be added gradually in response to non-payment. This incentivises early resolution of debts and shields individuals from sudden, overwhelming penalty stacks.

In relation to the removal of involuntary treatment and imprisonment sanctions, the bill removes two harsh and ineffective enforcement measures: courts can no longer require clients with unpaid debt to attend a treatment program and imprisonment is no longer a penalty for failing to comply with treatment or for non-payment of a civil debt, under both the Fines Enforcement and Debt Recovery Act and the Enforcement of Judgments Act. Voluntary treatment remains an option if a debtor chooses it.

Regarding clarifying recovery of civil debts owed to government, the bill expands and clarifies provisions for recovering civil debts owed to government agencies. It also sets out how these processes should interact with other debt-creating legislation, eliminating conflicting or overlapping enforcement mechanisms. Certain categories of debt are explicitly excluded from the definition of 'debt' under part 8 of the act.

We know the burden of fines does not fall equally. People on low and fixed incomes, including pensioners, carers, people living with disability and those relying on income support, can be hit the hardest. A fine that might be a minor inconvenience to one person can be a devastating setback to another. For so many on tight budgets, even a relatively small fine can mean going without essentials such as food, medications or rent. When fines are managed across multiple agencies, each with their own processes, timeframes and communication channels, the challenge multiplies. People can be left confused, anxious and at risk of further penalties, not because they refuse to pay but because the system can be too complex to navigate.

That is not justice, that is a system failing the people it is meant to serve. This bill addresses that. By creating a centralised fines enforcement and recovery unit, we are building a system that sees the whole person, not just the debt. We are enabling early engagement, more flexible payment options and support tailored to people's real life circumstances.

This is especially important for people on fixed incomes. When you rely on a pension, a carer's payment or JobSeeker, you cannot just find the money. That is why this legislation enables smarter and fairer management of debt for things like consolidated repayment plans, early intervention and clear pathways to support. It also means better communication, one contact point, one consistent system and one accountable body to work with people, not against them.

For vulnerable members of our community this clarity can be the difference between getting on top of a fine or falling into deeper hardship. This reform aligns with our government's progressive values, putting fairness at the heart of public policy and ensuring that nobody is left behind because they might be poor, sick or unsupported. It removes unnecessary barriers, supports people doing it tough and ensures a more compassionate, coordinated response to state debt. It is good policy and it is the right thing to do. I commend the Fines Enforcement and Debt Recovery (Miscellaneous) Amendment Bill 2025 to the house.