Debate resumed from 3 August 2011.

Mr STEPHEN BROMHEAD (Myall Lakes) [11.31 a.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. The overview of the bill states:

The Fines Act 1996 enables the State Debt Recovery Office to make a work and development order to enable a fine defaulter who has an intellectual disability, a mental illness or a cognitive impairment, is homeless or is experiencing acute economic hardship to satisfy the fine concerned by undertaking certain activities specified in the order.

Everyone in the community wants people who owe a debt to the Crown not to end up in the criminal system. All too often people fined for something that is not criminally related end up in the court system and in the criminal system. During the 1960s there was a royal commission into the treatment of patients at Callan Park. That resulted in a policy being introduced that attempted to move psychiatric patients into the community where they would receive nursing. That process commenced in the 1970s. In 1974 Parramatta Psychiatric Centre had over 1,400 patients; in 1978 there were less than 500 patients at Parramatta Psychiatric Centre. The reduction in patient numbers was not due to all of the patients having been cured; they had been moved out into the community because that was considered to be a more humane way to look after them.

Unfortunately, those people with mental illness who were moved could not cope with living in the community, and the community could not cope with them. That has now been going on for 30 years. Every day mentally ill people who have been charged with often trivial charges are being dealt with by the court system. At the same time there are people who have committed minor offences or who have been fined who cannot afford to pay the fine and eventually their driver licence is suspended. The first they know of their licence suspension is when a police officer pulls them over and asks to see their licence. The police officer does a check and finds that the licence has been suspended.

Licence holders are required to notify the Roads and Traffic Authority of any change of their address. However, many people constantly change addresses and they do not bother updating the address on their licence until it is time for renewal of the licence. In the meantime notices are sent to their old address and so they do not receive them. It is the responsibility of licence holders to notify a change of their address. Because licence holders have not responded to notices the court may have suspended their licence and disqualified them from holding a licence for 12 months. Unfortunately, some people do not have the intellect to grasp what that means—particularly if they are mentally ill.

Others, perhaps because of their illness, do not think the notice applies to them. They are then on the slippery slope of driving while disqualified, being caught, driving again and being further disqualified. Anyone who commits three major offences—such as driving while disqualified—in a five-year period is declared a habitual offender and punished by a cumulative five-year automatic disqualification. This is how a simple fine can result in people who have never committed a serious offence such as drink driving being disqualified from driving for 10, 15, or 20 years and possibly serving a custodial sentence. This bill is addressing an important need and I support it. I commend the bill to the House.

Mr GUY ZANGARI (Fairfield) [11.36 a.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. The object of the bill is to amend the Fines Act 1996:

(a) to extend the categories of persons who are eligible to be the subject of a work and development order to persons who have a serious addiction to drugs, alcohol or volatile substances, and

(b) to enable the State Debt Recovery Office to rely on the assessment of an approved organisation or a health practitioner as to whether a person meets certain eligibility criteria for a work and development order, and

(c) to facilitate the appropriate administration of work and development orders.

Work and development orders were introduced by the former Attorney General, the Hon. John Hatzistergos, member of the Legislative Council, on 10 July 2009 as an innovative measure to ensure that seriously vulnerable members of the community did not become entrenched in the criminal justice system as a result of being unable to pay fines they had incurred. The work and development orders were originally targeted at disadvantaged people such as the homeless, the mentally ill and persons experiencing acute financial hardship. On 30 November 2010, in response to a question without notice about work and development orders, the Hon. John Hatzistergos said:

The issuance of penalty notices to these people unnecessarily brings them into the criminal justice system. Because they are unable to pay due to their disadvantage they incur further costs and more severe penalties from enforcement action and, as a result, become entrenched in a cycle of re-offending from which they are unable to free themselves.

The Hon. John Hatzistergos then went on to say that the implementation of the work and development orders allowed seriously vulnerable people the ability to meet their obligations to the community by allowing them to do unpaid work for charitable and community organisations or by participating in certain treatments or courses. The previous Labor Government heeded a number of reviews and reports, including a Sentencing Council report in October 2006, a report by the Homeless Persons Legal Centre and the Public Interest Advocacy Centre, and a report in March 2006 of the Standing Committee on Law and Justice.

These reports highlighted that fines and penalty notices have a disproportionately severe impact on some of the most vulnerable people in our society. The original legislation also sought to address issues relating to secondary offending. Fine default can lead to licence or registration cancellation, which can lead to further penalties and serious consequences. Fines and penalty notices can lead to already disadvantaged persons having extensive interaction with the legal system. This amendment bill is the culmination of a two-year pilot program that has now been evaluated.

The evaluation is reported to have shown that over 80 per cent of those who received an order have not had further fines or penalty notices, the mental health, skills and employment opportunities for participants improved, and there was significant participation in vocational courses and mental health, drug and alcohol treatment. Last year forums were held to promote the scheme on the Central Coast, Dubbo, on the far North Coast, and in Newcastle, Sydney and Wollongong. At that stage more than 70 organisations had been approved to participate in the system including the Salvation Army, Mission Australia, the St Vincent de Paul Society and the Schizophrenia Fellowship of New South Wales.

There are reports that people have reduced their debt by a collective amount of nearly $300,000, with nearly another $2 million being under management under the scheme. Essentially, what the previous Labor Government achieved by implementing the work and development orders program is a system that would benefit disadvantaged members of the community by removing the financial burden attached to the infringement and exposing them to new skills. It provided a new source of volunteers for participating charity and community groups such as the St Vincent de Paul Society. What a great society that is, working as it does with the marginalised and people on the outer in our community.

It also lightened the burden on the criminal legal system by ensuring these disadvantaged members of the community were not exposed to the spectre of prosecution. However, more importantly, it allowed offenders under the age of 25 to meet their obligations by completing educational, vocational or life skills courses, or counselling, drug and alcohol treatment or mentoring programs. This alternative mode of compliance is a real solution to the systemic social problems that could otherwise perpetuate a cycle of criminal behaviour by young individuals. In this regard I ask the Government to continue the fine work instituted by the previous Labor Government on the work and development orders program.

Mr KEVIN CONOLLY (Riverstone) [11.41 a.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. This legislation represents an important reform to the manner in which fine debt for vulnerable people is dealt with. The work and development orders program goes quite some way to addressing the problems associated with fine debt, which can often be an encumbrance to disadvantaged members of our community. It looks at addressing not just the monetary debt but the issue behind the offending behaviour that caused the fine debt in the first place. The aim is to allow people a new start in life and a chance to become productive and constructive members of the community free from the traps that currently prevent them from doing so.

The New South Wales Department of Attorney General and Justice in May this year published an evaluation of the fine system for disadvantaged people. This necessarily followed as the Fines Further Amendment Act 2008 had established a two-year pilot fine mitigation scheme which introduced the work and development orders. I acknowledge that this was a Labor Government initiative, and where the former Government made constructive steps forward I like to acknowledge that and give credit where it is due. This legislation makes the orders in the pilot a permanent measure.

The initial purpose of the orders in the pilot was to allow certain categories of disadvantaged people to clear their fine debt by undertaking unpaid work, courses or treatment with the support of an approved organisation. The department found that the pilot had been successful and was providing an effective and appropriate response to dealing with offending disadvantaged people. During the pilot 645 people had been issued with work and development orders and consequently reduced $205,400 worth of fine debt. Further, preliminary statistics indicate that 82.5 per cent of work and development order clients had not received another fine or penalty notice enforcement order since having their work and development order approved. This level of compliance after the issue of a work and development order is most encouraging.

Key findings from the department's evaluation of the work and development orders scheme were that it helped to: reduce reoffending within the fine enforcement system as well as secondary offending in the broader criminal justice system; engage offenders in treatment or activities they may not have otherwise participated in, namely, treatment for drug and alcohol addictions; reduce offenders' stress and anxiety by building their skills and providing an incentive to work; and reduce costs to Government associated with fine enforcement, ongoing offending behaviour, welfare dependency, mental health problems and drug and alcohol addiction. The evaluation also recommended a raft of amendments that would streamline and simplify the guidelines and administrative processes involved with work and development orders.

The bill's primary purposes in relation to work and development orders are threefold: firstly, extension of the eligibility criteria for people subject to a work and development order to include those who are deemed to have a serious addiction to drugs, alcohol or volatile substances. That is in addition to the existing categories. Secondly, enabling the State Debt Recovery Office to rely on assessments from approved organisations as to whether a person is eligible for a work and development order; and, thirdly, streamlining the requirements for administration of work and development orders. This legislation ensures a more streamlined and efficient process in regard to work and development orders as it allows approved persons to assess eligibility, which will reduce the red tape involved.

Section 99B (1) (b) of the Fines Act 1996 currently sets out the eligibility for a work and development order, which applies to persons with a mental illness, an intellectual disability or cognitive impairment, a homeless person, a person experiencing acute economic hardship and now, following the amendments this bill will enact, a person with a serious addiction to drugs, alcohol or volatile substances. It is important to note that the legislation includes "volatile substances", which covers addictive substances such as glue or paint which may not have been addressed with a "drug and alcohol" definition.

This bill makes a further important amendment with the insertion of proposed section 99B (2A), which specifies that the only activity that any person who only meets the eligibility criterion of having a serious addiction can undertake in a work and development order is counselling and drug or alcohol treatment. This measure ensures that the core issues are being addressed and also acts as an important preventive measure to future experiences with the criminal justice system. It is a targeted response to a specific problem. The insertion of proposed section 99BA will enable approved persons or organisations to assess the eligibility of people seeking a work and development order. This will streamline the process for the State Debt Recovery Office, while still maintaining an appropriate standard for assessing eligibility.

The legislation additionally requires at proposed section 99BA (3) that an approved person retain records of supporting evidence which contributed to their assessment of the applicant's eligibility. Further, the State Debt Recovery Office has the power to request certain evidence be produced in support of an application, even if an approved person has assessed the eligibility, but only when the circumstances of a certain case warrant such action, which is provided for in proposed section 99BA (5). Proposed section 99C (1) (c), (d), (e), (f) and (g) ensure that the State Debt Recovery Office has the power to reject an application regardless of an approved person's assessment in the event of false or misleading information, changed circumstances for the applicant in question or a breach by an approved person of their obligations under the legislation.

This legislation will bring about significant benefits to the community as it not only assists vulnerable people with fine debt but also addresses the costly issue of drug, alcohol and substance abuse. There is real potential here for reoffending occurrences to be reduced in number and for early rehabilitation to take place for persons who may otherwise continue to have contact with the criminal justice system. Any improvement relating to social ills such as drug and alcohol addiction has to be welcomed and this scheme seems to have provided an avenue for making such an improvement. I acknowledge the role of the Attorney General in bringing forward the legislation and expanding what has been a productive scheme, just as I acknowledge the work of the former Labor Government in introducing the scheme. I believe this extension and improvement is welcome. I commend the bill to the House.

Ms CARMEL TEBBUTT (Marrickville) [11.49 a.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011, which amends the Fines Act 1996 to extend the categories of people who are eligible to be subject of a work and development order to people who have a serious addiction to drugs, alcohol or volatile substances. It also enables the State Debt Recovery Office to rely on the assessment of an approved organisation or a health practitioner as to whether a person meets certain eligibility criteria for a work and development order. It also facilitates the appropriate administration of work and development orders.

This is an important bill. As other members have indicated, it builds on legislation introduced by former Attorney General the Hon. John Hatzistergos to improve the administration and enforcement of court fines and penalty notices, particularly for vulnerable groups. The Fines Further Amendment Act 2008 followed a number of reviews and reports that showed that the fines and enforcement system worked poorly, particularly for disadvantaged groups. According to the report "A Fairer Fine System for Disadvantaged People," in 2008-09 New South Wales government agencies issued approximately 2.8 million penalty notices with a total value of $246.7 million. As we all know, unpaid penalties are ultimately referred to the State Debt Recovery Office for enforcement action and this can result in suspension or cancellation of a drivers licence or the issuing of a property seizure order.

While we are not condoning the original wrongdoing that led to the fine in the first place, it is certainly the case that the enforcement system works well for people who have an income and assets but can cause vulnerable people significant harm. People who do not have the means to pay a fine or to navigate the system to challenge a fine incur further costs and penalties. The loss of a licence can impact on their ability to hold down a job, further entrenching the cycle of disadvantage and social isolation. Almost two-thirds of licence suspensions in New South Wales are for fine defaults. This has a disproportionate impact on people in remote areas, on indigenous people and on young people, particularly those who are homeless.

I am concerned about how this can lead to secondary offending, where a person who lacks the financial or organisational skills to pay a fine defaults, loses their licence but continues to drive. They then risk being imprisoned for the serious offence of driving without a licence although their original offence was quite minor. Unfortunately, particularly in my time as Minister for Juvenile Justice, I saw this occur all too frequently. Over the past 10 years the number of Aboriginal people sentenced to imprisonment where their principal offence was driving while their licence was disqualified or suspended has increased by 35 per cent.

The 2008 legislation sought to address these concerns by, amongst other changes, enabling certain groups to apply to clear their fine debt through work and development orders. This involves undertaking unpaid work, courses or treatment with the support of an approved organisation or registered health practitioner. The individuals are still required to meet the debt to the community but can do so in a way that they can manage. They may also gain some benefit from their participation in the program. Society also gains from the work that is undertaken.

I am aware of a case in my electorate: A young person came to the Marrickville Legal Centre, an organisation that does very good work, owing about $12,000 in fines. He only worked part-time and, after paying living expenses, he had no money to pay off the fines. As a result of the unpaid fines the State Debt Recovery Office had requested that this person's licence be cancelled. The centre worked with the young person and helped him find a community organisation to take him on with a work and development order, under which each hour of volunteer work reduced the debt by a set amount. The centre assisted the community organisation to become an approved organisation. The Marrickville Legal Centre advises me that this person continues to comply with his work and development order at the approved organisation and, as a result, his licence suspension has been lifted.

This bill continues the scheme, makes it permanent and makes some improvements. The scheme was initially a two-year pilot. It has now been evaluated by the Department of Attorney General and Justice. The amendments we are debating today arise from that review. As previous speakers have highlighted, the evaluation was very positive. Without wishing to repeat all the positives, the evaluation found that it reduced reoffending in the fine enforcement system and secondary offending in the broader criminal justice system. It found the scheme engaged clients in appropriate treatment or activities that they may not otherwise have engaged in, and it also reduced the cost to government associated with fine enforcement, ongoing offending behaviour, welfare dependency, mental health problems and drug and alcohol addiction. These are good outcomes.

I have also been advised by the Marrickville Legal Centre of its support for making the pilot scheme permanent. It informed me of a number of things. It said the work and development order mechanism is a good way for people to become functioning members of society rather than developing a cycle of increasing debt and punishment. It made the good point that a person may not have spare money but does have spare time. Work and development orders enable a person to use the resources they have through work, counselling or rehabilitation. The system also takes away the anxiety of having a sheriff show up to repossess belongings—particularly when many people in these circumstances do not have many belongings to begin with, so repossession is especially cruel for them.

The Marrickville Legal Centre said that one issue with the pilot was that the State Debt Recovery Office was not given enough extra resources to deal speedily with applications for work and development orders. I understand that this process should now be resolved with the changes that are part of the bill. I am pleased to speak in support of the bill. For people who exist on the margins of society, who are struggling with mental health issues or who have a disability or a drug or alcohol addiction, the scheme can genuinely be a lifesaver. It can stop people from spiralling into a vicious cycle that may ultimately see them in prison, mixing with hardened offenders, with all the negatives that that brings.

Many government and non-government organisations have been involved with the pilot or assisted with its evaluation. These include the Intellectual Disability Rights Service, the Public Interest Advocacy Centre, the St Vincent de Paul Society, the Shopfront Youth Legal Centre and the Marrickville Legal Centre. I acknowledge the important work done by these organisations and their dedicated and committed staff, both with regard to this scheme and more broadly in the community. I commend the bill to the House.

Mr MARK SPEAKMAN (Cronulla) [11.56 a.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. In 2008 Parliament passed, with bipartisan support, reforms to reduce the disproportionate impact that the fine and penalty notice enforcement system was having on disadvantaged groups. The reforms initially established the work and development orders scheme as a two-year pilot. Work and development orders can include one or more of the following activities: Unpaid work for or on behalf of an approved organisation; medical or mental health treatment in accordance with a health practitioner's treatment plan; an educational, vocational or life skills course; financial or other counselling; drug or alcohol addiction treatment or a mentoring program.

The work and development order scheme is giving the very poor, the homeless, the mentally ill and the intellectually disabled the chance to work off their fines through activities such as education, mental health treatment and voluntary work with charities. The scheme is operated in partnership with many organisations and health practitioners, including Mission Australia and the Schizophrenia Fellowship, as well as doctors and nurses in the community. Those partners support and supervise people who are carrying out work and development orders.

In May 2011 an evaluation of the work and development order scheme was published. It concluded that the scheme was a significant success. As at 31 March 2011 almost 650 people had been issued with work and development orders, and they reduced over $200,000 worth of debt. At that time a further $1.8 million worth of fine debt was under management through work and development orders. As at April 2011, 143 organisations and 77 health practitioners were enrolled in the scheme. The evaluation reported that participants in the scheme and their supporting organisations and health practitioners were, overall, emphatically supportive of the scheme and there was near unanimous support from stakeholders for the scheme to be made permanent. The evaluation made the following findings about the scheme. First, it reduced reoffending in the fine enforcement system and also reduced secondary offending in the broader criminal justice system.

Preliminary statistics indicated that about 82 per cent to 83 per cent of participants had not received another fine or penalty notice enforcement order since their work and development order had been approved. Second, it helped to engage clients in appropriate treatment or activities in which they may not have otherwise engaged, in particular, mental health, and drug and alcohol treatment. Third, it reduced client stress, anxiety and feelings of hopelessness and despair. Fourth, it promoted self-esteem and self-efficacy among participants. Fifth, it built people's skills, provided an incentive to work and could lead to employment or more employment opportunities. Finally, it reduced costs to government associated with fine enforcement, namely with ongoing offending behaviour, welfare dependency, mental health problems, and drug and alcohol addiction.

The Government responded to the evaluation by making the work and development order scheme permanent. Last month the Fines Regulation 2010 was amended to remove the clause providing for the scheme to expire on 10 July 2011. This bill amends the Fines Act to implement two other recommendations in the evaluation report. First, the bill will open up the scheme to people who have serious addictions to drugs, alcohol or volatile substances; and, second, make the work and development order scheme administratively simpler by cutting out red tape for the State Debt Recovery Office and non-government organisations. The first group of amendments concerns additional eligibility criteria for the scheme. Currently, section 99B of the Fines Act provides that a work and development order can be made by the State Debt Recovery Office with respect to a person who is in acute economic hardship, is homeless, has an intellectual disability or cognitive impairment, or has a mental illness.

Currently, a person can undertake drug and alcohol treatment as part of his or her work and development order, but having an addiction to drugs or alcohol is not an eligibility ground for the scheme. Schedule 1 [4] will amend section 99B of the Act to enable a work and development order to be made for a fine defaulter who has a serious addiction to drugs, alcohol or volatile substances. That amendment implements a recommendation in the evaluation report. The expression "volatile substances" is intended to refer to substances like glue, paint or aerosols. Schedule 1 [6] will amend section 99B to provide that if the application for the order relates to a person who has a serious addiction to drugs, alcohol or volatile substances but does not satisfy any of the other criteria, the only activities the person may be required to carry out under the order are counselling and drug or alcohol treatment.

A number of benefits will flow from these amendments, including reducing the significant cost to the community from drug and alcohol abuse, and a strong link with crime. By making serious drug and alcohol addiction a specific ground for eligibility, other fine defaulters with drug or alcohol issues also will be encouraged to undertake treatment. This should encourage rehabilitation at an earlier point of contact with the criminal justice system than currently is the case. The second group of amendments to the Fines Act concerns the streamlining of the application process. Currently, an organisation or health practitioner who supports a person to apply for a work and development order must compile the documentation to prove that the client is eligible, set out the activities the client will undertake and send the application off to the State Debt Recovery Office.

The State Debt Recovery Office then reviews all the documentation and ultimately makes the order, if appropriate. The bill will change this application process and allow approved organisations and health practitioners to determine whether their client is eligible for the scheme. The approved organisation or health practitioner will have to collect documentation to prove the client's eligibility and keep that documentation on file, as happens currently, but the State Debt Recovery Office will not have to review the documentation. That office will rely on the judgement of approved organisations and health practitioners but remain responsible for ensuring that the proposed activities come within the scope of the scheme, verifying that the supporting organisation or health practitioner has approval to supervise those activities and, ultimately, making the order.

This will significantly reduce application processing times and leave eligibility decisions to those with the greatest expertise, namely, organisations and health practitioners who work with vulnerable people. Most organisations and health practitioners already have thorough intake and assessment procedures covering the same or substantially the same issues that determine eligibility for the work and development order scheme. Schedule 1[5] will amend section 99B to remove the requirement that an application for a work and development order must always be accompanied by supporting evidence. Schedule 1 [7] will insert new section 99BA to require the State Debt Recovery Office, when determining an application for the making of a work and development order in relation to a particular fine defaulter, to rely on an assessment, if provided by an approved person supporting the application, that the fine defaulter meets the specified criteria for eligibility.

The State Debt Recovery Office does not have to rely on such an assessment if it has information giving it reason to believe to the contrary. Proposed section 99BA (3) will provide that if any approved person supports an application for a work and development order or includes in such an application an assessment of eligibility for the order, the approved person must keep records of the supporting evidence for the application or the assessment of eligibility in accordance with the guidelines. Proposed subsection (4) will provide that the State Debt Recovery Office at any time can require an approved person who supported the application or made the assessment to provide all or specified types of that supporting evidence.

A number of safeguards will be put in place to ensure the ongoing integrity of the scheme and that the changes are workable. First, the work and development order guidelines will specify the documentation to establish eligibility that the supporting organisation or health practitioner must keep on file; second, independent audits will be undertaken of approved organisations and health practitioners to ensure compliance with the eligibility and record-keeping requirements of the scheme; and, third, the bill gives the State Debt Recovery Office the power to vary or to revoke a work and development order in some circumstances. Schedule 1 [8] will amend section 99C of the Act to enable the State Debt Recovery Office to vary or to revoke a work and development order if it is of the opinion that:

(a) information provided in, or in connection with, the application for the order is false or misleading in a material particular, or

(b) information provided in, or in connection with, a report provided to the State Debt Recovery Office by an approved person who is supervising the person subject to the order is false or misleading in a material particular, or

(c) the person subject to the order does not meet, or no longer meets, any of the criteria specified in the application for the order as a ground for the making of the order, or

(d) an approved person who is supervising compliance with the order is unable to continue with that supervision or is in breach of any of the approved person’s obligations under the Act, or

(e) the person who is supervising compliance with the order is no longer an approved person.

This bill consolidates the success of the work and development order scheme. Many groups, including government and non-government organisations, have cooperated to secure that success and I congratulate them all. I commend the bill to the House.

Mrs BARBARA PERRY (Auburn) [12.07 p.m.]: I join my Opposition colleagues in supporting the Fines Amendment (Work and Development Orders) Bill 2011. This bill is an eminently sensible initiative born of a scheme first trialled by a previous Labor Government and I am pleased that it is well on its way to becoming enshrined in law. The Fines Act 1996 empowered the State Debt Recovery Office to issue a work and development order to fine defaulters suffering from a mental illness, intellectual disability or cognitive impairment, severe economic hardship or homelessness. As the shadow Minister for Disability Services and former Minister for Mental Health I can attest to the important role of this Act in balancing community expectation that all law violators be punished and to ensure that the most disadvantaged and vulnerable are treated with due compassion and discretion.

The provision to undertake vocational life skills courses, financial or other counselling treatments, and medical and mental health programs as part of a fine default system further fulfils community expectations that a person's actions not only be dealt with legally, but also that the root cause of the breach be addressed effectively. The community is rightly concerned that individuals should be compelled to face the legal implications of their actions and that they should put an end to their misadventures which sometimes impact on the lives of others. Punishment may be a necessity but surely rehabilitation is the end goal.

Another important aspect worth noting is that those who are suffering with a mental illness or an intellectual disability are, by virtue of their disadvantage, less likely to be able successfully to navigate the penalty system, understand the process, and request an extension of time and so on. But their problems do not end there. Added suffering comes with the knock-on effect of loss of licence, penalties and other serious consequences, including the unintended consequences of a bureaucratic interlocked system that has a life of its own. Having made the merits of the initial Act abundantly clear we can now consider the need for expanding the provisions to include other disadvantaged persons. The bill envisions the addition of a category covering those who have a serious addiction to drugs, alcohol or volatile substances—an important development and one that I wholeheartedly support.

Prior to becoming the member for Auburn I worked for over a decade as a legal aid lawyer. The work that I did and the people I met completely shattered any illusions that I had in my naïve approach to life. Of relevance to this matter is the tremendously controlling power of drug and alcohol addiction that I witnessed firsthand. The impact of drugs—one of the greatest social issues faced by any community—is almost without measure. It wreaks destruction not only on the drug user but also on the families, relatives and the community at large. In recent times the advent of super addictive and unimaginably harmful chemicals drugs such as ice has further compounded the problems we face as a community.

It took me some time to fully appreciate the power of addiction. I now genuinely believe that for many people the battle to overcome their habits can sometimes appear to be almost impossible. My experience tells me that in some way drug and alcohol sufferers are saddled with what can only be described as a severe disability. By that I mean that many of them are genuinely incapacitated and are unable to exercise the logical function and proper use of their faculties or have any measure of self-control. Furthermore, co-morbidity is often a factor that comes into play, with heavy drug use and mental illness existing simultaneously. It is only sensible that such vulnerable people be included under the original category as stipulated by the Fines Act 1996. It is not only sensible; it is right.

The all-consuming nature of drug addiction means that people find themselves not only completely penniless, but also short of the cash that they need to pay for their next hit. As members would be aware, unfortunately that sometimes spawns further criminal activity. It hardly needs to be said that there is never any money left to pay the State Debt Recovery Office with the result that justice and the expectations of the community are poorly served and sometimes never met. The Fines Amendment (Work and Development Orders) Bill 2011 changes all that and provides a further avenue by which rehabilitation can be directed towards those suffering with acute alcohol and drug addictions.

By describing many drug and other substance abusers essentially as powerless victims I do not intend to diminish the responsibility that they must take for their actions or suggest that it justifies the removal of punitive measures. As a society we must support these vulnerable people and this bill will enable that to occur. As a society we must work towards a goal that encourages the maintenance and support of vulnerable people in a way that will ensure they address the root causes of their issues. The punishment of offenders and their making amends to society are an important part of the principle of justice, but as politicians and lawmakers we must find the most effective means by which to carry out its dictates, particularly when it comes to those who face greater complexity and challenges in life. A final aspect of merit this bill represents is a further streamlining of the process of applying and administering work and development orders. I look forward to the speedy passage and implementation of this bill.

Mr JOHN SIDOTI (Drummoyne) [12.14 p.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. A fine debt is a significant problem for vulnerable people in our community and as leaders we have an obligation to protect our most needy in society and promote and nurture schemes that will promote their wellbeing. The Fines Amendment (Work and Development Orders) Bill 2011 helps to address this problem. It gives our most vulnerable in society—our very poor, our homeless and our disadvantaged—an opportunity to work off their fines through programs of education, treatment programs or voluntary work with charities.

The scheme works in cooperation with proven organisations such as Mission Australia, Youth Off the Street, as well as doctors and nurses in our community, to mention only a few. Those organisations supervise and provide the necessary support to recipients. While the work development order scheme was established as a two-year pilot program, the positive results leave no doubt in our minds that this program should be made permanent. The results of this pilot program found that work and development orders did a number of things. First, it reduced reoffending. Second, over 80 per cent of people who were given a work development order did not have another penalty notice enforced against them. The results indicated that it encouraged participants to undertake activities such as vocational courses and drug and alcohol treatment and that it led also to increased employment opportunities.

This bill will amend the Fines Act and adopt the changes recommended in the evaluation report. The bill opens the umbrella to include people who have serious drug, alcohol and other volatile substance addictions. The bill also cuts red tape and reduces processing times. The criteria also include serious drug, alcohol or volatile substances addiction as a new ground of eligibility for the work and development orders. The term "volatile" refers to substances such as glue, paint and aerosols. Significant community benefits will be gained as a result of these amendments. All members are aware of the significant cost, both financially and to society, caused by drug and alcohol abuse. During this pilot program phase of the work and development order scheme, over 250 fine defaulters undertook drug and alcohol treatment. Under the new criteria these people will be encouraged to participate in the scheme; thus the scheme has the potential to reduce reoffending and to bring about rehabilitation at an earlier phase of contact with the criminal justice system.

This streamlined process is made easier because the State Debt Recovery Office will not have to review files—health practitioners and organisations will—thus alleviating time-consuming process duplications. This in turn will reduce application processing times. Of significance is the fact that the eligibility process is left to professionals—those with expertise in the area. These are well thought out amendments with additional safeguards. This bill is a win-win situation in that its provisions will apply to a wider group of community members who have significant problems. As the results from the two-year trial were positive and heart-warming the Government, in a calm and thought out way, accepted the recommendation that the scheme be made permanent. Finally, the bill enables approved organisations and health professionals, rather than the State Debt Recovery Office, to determine eligibility. I strongly and passionately commend the bill.

Ms CHERIE BURTON (Kogarah) [12.18 p.m.]: I support the Fines Amendment (Work Development Orders) Bill 2011. The Fines Act 1996 enables the State Debt Recovery Office to make a work and development order to enable a fine defaulter who has an intellectual disability, mental illness, cognitive impairment, is homeless, or is experiencing acute economic hardship to satisfy the fine concerned by undertaking certain activities specified in the order, for example, unpaid work, medical treatment or counselling. The object of this bill is as follows:

… to amend the Fines Act 1996:

(a) to extend the categories of persons who are eligible to be the subject of a work and development order to persons who have a serious addiction to drugs, alcohol or volatile substances, and

(b) to enable the State Debt Recovery Office to rely on the assessment of an approved organisation or a health practitioner as to whether a person meets certain eligibility criteria for a work and development order, and

(c) to facilitate the appropriate administration of work and development orders.

I support this bill because in another life I was the Minister Assisting the Minister for Health (Mental Health) and Parliamentary Secretary Assisting the Premier and Minister for Health, the Hon. Morris Iemma, for whom I did a lot of work in the mental health field. One issue that kept arising was that many people who suffered from mental health issues, as well as drug and alcohol issues, had the problem of fines accumulation and how to pay their fines. This bill streamlines the scheme that was introduced on a trial basis by the previous Labor Government. The original scheme provided for specific groups of people to be able to pay off fines that they incurred through voluntary work with approved charities, undertaking an educational, vocational or life skills course, undergoing financial or other counselling, undergoing medical or mental health programs or undergoing drug and alcohol treatment.

Last year a man came to my office to talk to me about his son. His son had been expelled from high school and was studying at TAFE. The father had grave concerns about his son's mental health. In fact, he was so concerned he decided to leave his job and start his own business so that his son could work with him. He had become aware that his son had accumulated a large number of fines. His son, because of his mental illness, refused to purchase train tickets. He would be caught travelling on a train without a valid ticket and fined. He said that his son travelled aimlessly on trains and did not understand the ramifications of his actions. He bought weekly train tickets for his son but his son would not use them because he felt that he should be able to travel on trains for free. I do not necessarily disagree with that view. However, train travel does require a valid ticket and this young man had accumulated about $5,500 in fines. His father asked for assistance for his son to pay off the fines.

After considerable liaison with the State Debt Recovery Office, this young man was able to access the pilot program, which involved work and development orders. He filled out the relevant paperwork and registered with the Salvation Army in Newcastle. He was able to expunge his fines and attained new life skills. Further, with the help of a wonderful advocate at the Salvation Army he has been able to turn his life around. These programs do work. I am pleased that this bill extends the Work and Development Orders Scheme. I commend the bill to the House.

Mr TONY ISSA (Granville) [12.22 p.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. I am pleased that both sides of the House support this bill, which shows its importance to the general community. This week one of my constituents contacted me about a young person who is unable to pay fines of $2,000. The stress of having to pay the fines has caused the young person to become depressed and he has had to obtain medication. The bill will assist this young person and others like him who find themselves in similar situations. The bill amends the Fines Act 1996 to expand the Work and Development Orders Scheme and to streamline its application process. The Work and Development Orders Scheme allows disadvantaged individuals to clear their fines debt by undertaking courses, treatment or unpaid work with approved organisations and health practitioners. It is open to people who are homeless, have a mental illness or experience economic hardship.

The scheme was originally established two years ago as a pilot program. I give credit to the previous Government for introducing this scheme and this Government for expanding the scheme, following consultation and evaluation. A survey that was conducted during the evaluation found that 96 per cent of those surveyed supported the scheme. That shows enormous support for this legislation. The evaluation report recommended that the scheme be made permanent and its operation be improved. The Government has accepted the recommendations and today has introduced legislation to make the scheme permanent. The bill will expand the categories of people who are eligible for the Work and Development Orders Scheme to include people with serious drug and alcohol addictions. At present, drug and alcohol treatment is an activity that may be undertaken as part of a work and development order but a person must be homeless or be living in financial hardship to participate in the scheme.

This bill will encourage rehabilitation at an earlier point of contact in the criminal justice system than is currently the case. Generally, people are not diverted into drug and alcohol treatment until they commit an offence that is serious enough to warrant an appearance in court. This bill will connect people at an early stage with an organisation that will help them overcome their addictions. The Work and Development Orders Scheme has been run with the goodwill and commitment of many health practitioners and non-government organisations, including Mission Australia and Anglicare. I acknowledge the hard work and contribution of these organisations to the successful operation of this scheme. This bill, which makes the Work and Development Orders Scheme permanent, is the most appropriate way to address this problem. I commend the bill to the House.

Ms TANIA MIHAILUK (Bankstown) [12.26 p.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. I am pleased that the Government is continuing this successful program, which was introduced while Labor was in government. I commend the former Labor Government for introducing the scheme and congratulate the present Coalition Government on continuing the work of its predecessor. Fine debt is a significant issue that often can act as a gateway to further crime. Work and development orders can act as a circuit breaker to prevent reoffending, which occurs all too frequently.

The Fines Act 1996 enabled a fine recipient with a mental illness, intellectual disability, who was homeless or suffering acute financial hardship to undertake specific activities under a work and development order, such as unpaid work, treatment or counselling with the support of an approved organisation or health practitioner. This scheme has assisted many members in my community who have been able to access work and development orders as a means of repaying their debt in a manner that is sensitive to their financial circumstances. I particularly welcome the amendment to section 99B of the Fines Act, which inserts the description:

… has a serious addiction to drugs, alcohol or volatile substances.

This criterion exempts those with serious addiction problems if they are not in a position to pay the fine. It also requires them to undertake drug and alcohol treatment or counselling as their work and development order activity. Punitive measures rarely achieve positive outcomes. Encouraging offenders to actively confront their problems and, in this instance, seek treatment for their addiction or addictions can result in positive action being undertaken hopefully to avoid further offences. This amendment also acknowledges that crime is sometimes a symptom of the larger problem. Our judicial system should seek to find a compromise between punishment and treatment, and acknowledge that sometimes measures such as fines are not always the most productive course of action.

I also support the amendment to increase the role of approved organisations and health practitioners in approving work and development orders. Currently, determinations regarding work and development orders are made by the State Debt Recovery Office based on the recommendations contained in submissions from health practitioners and approved organisations. This amendment, set out in parts 7, 8 and 9 of the bill, will enable approved health practitioners or organisations to make determinations concerning work and development orders. This would increase the efficiency of the process and hopefully lead to an increase in work and development orders being undertaken.

I note that both the bill and the Attorney General's agreement in principle speech outline elements of oversight and review to prevent any potential abuse in authorities external to the State Debt Recovery Office determining work and development orders. I also note that the State Debt Recovery Office will remain responsible for the oversight of work and development orders. A number of recommendations have been made in the evaluation report of May 2011. I would like the Attorney General to clarify in his reply whether there will be a cap on the minimum number of hours that a person will have to work under the work and development orders guidelines and whether some of the restrictions contained in the guidelines will be implemented. There is no doubt that this is a worthwhile bill and it is evidence that the Government is capable of following on the good work of its Labor predecessors. I commend the bill to the House.

Mr DOMINIC PERROTTET (Castle Hill) [12.31 p.m.]: I speak in support of the Fines Amendment (Work and Development Orders) Bill 2011, which provides a valuable addition to what is already a successful and integral program of work and development orders. The success of that program is recognised in the Government's decision to make the orders a permanent fixture. Work and development orders allow people in various disadvantaged groups to clear their fines in non-monetary ways, which include attending medical treatment or participating in volunteer work.

The work and development orders program is integral in a number of ways. First, it is a very positive example of cooperation and coordination between government and non-government organisations, with benefits spilling out into the community. A number of prominent non-government organisations and charities are already involved in the work and development orders program, such as the St Vincent de Paul Society, of which I am a member in The Hills district—it does great work in our community—and I expect many more organisations and charitable organisations will become involved in these programs now that these orders are here to stay. Secondly, the program demonstrates the true purpose of monetary penalties imposed by the State. Rather than simply being revenue raisers or occult taxes, the imposition of fines is directed towards upholding the rule of law and ultimately the common good.

This legislation recognises that, but the Government also recognises that there are other pathways towards the rule of law and the good of our communities apart from the imposition of fines, and those alternative pathways are especially warranted in certain personal circumstances. Non-compliance with treatment is a major cause of morbidity for the mentally ill in our communities. By adding an incentive to treatment, work and development orders can contribute towards improving the health of the mentally ill and cutting the costs associated with that increased morbidity. In the case of the poor or homeless, it is recognised that the imposition of a fine could create genuine financial stress and difficulties. On the other hand, a work and development order could assist in integrating someone into their community and could even create a sense of achievement or fulfilment.

Some of these positive effects of the work and development orders scheme were identified in the evaluation carried out prior to the decision to make the scheme permanent. The bill adds something very important to the program. First, the bill provides access to the scheme for those with a serious addiction to drugs, alcohol or volatile substances. Such addictions are, unfortunately, common in our society, but it is equally unfortunate that there seems to be at times a lack of energy and care in addressing them. Too often at certain levels of government we are more interested in the hygienic maintenance of addiction and allow people to dwindle slowly under the influence of their addiction. In the meantime, families are wrecked, opportunities are missed and the individual's hope and motivation dry up.

We can do a great service to individuals and society by giving addicts the motivation to face their addiction head-on. A provision of this bill is that persons with an addiction applying for a work and development order must fulfil the order by undergoing some form of treatment for their addiction. That could be the hand up that someone needs to make some really significant changes to his or her life. There is a school of thought that addiction cannot be cured. People who think that do not give these people a chance. They say that the problem cannot be fixed, that it is chronic, people relapse and that this scheme will not help. That will certainly be the case if people have that attitude. People addicted to drugs, alcohol or volatile substances deserve access to this scheme and they can derive real benefits from it.

Secondly, the bill streamlines the process of applying for a work and development order. Instead of going through two doors—an approved organisation or medical practitioner and the State Debt Recovery Office—there is now only one door separating a disadvantaged individual from a work and development order. That door is the approved organisation or medical practitioner who is ultimately in the best position to judge whether a person is eligible for and will benefit from such an order. The amendment does not mean that there will be no regulation of access to the scheme. Rather it means that regulation will be limited to those dealing with an applicant directly and also those bodies auditing approved organisations and medical practitioners. The regulation will still be there but less of it will come between the applicant and the program. That has obvious benefits. This bill is an important amendment to a very useful program, and I commend it to the House.

Mr CHRIS SPENCE (The Entrance) [12.36 p.m.]: I speak in support of the Fines Amendment (Work and Development Orders) Bill 2011. I note that this is yet another step in enabling people who are at a financial disadvantage, who have a mental illness or who are homeless, to pay back in a reasonable and fair fashion, fines they have incurred. The scheme is open to people who are homeless, people who have a mental illness, an intellectual disability or cognitive impairment, and to people who are experiencing acute economic hardship. The objects of the bill are to amend the Fines Act 1996 to extend the categories of persons who are eligible to be the subject of a work and development order to persons who have a serious addiction to drugs, alcohol or volatile substances; to enable the State Debt Recovery Office to rely on the assessment of an approved organisation or a health practitioner as to whether a person meets certain eligibility criteria for a work and development order; and to facilitate the appropriate administration of work and development orders.

The Work and Development Order scheme allows disadvantaged individuals to clear the debt they have incurred through the imposition of fines by undertaking certain courses, treatment or unpaid work with approved organisations and health practitioners. The scheme was originally established as a two-year pilot, and that pilot was recently evaluated. The evaluation report found that the Work and Development Order scheme helps to reduce reoffending; provides a strong incentive for people to engage in unpaid work, educational and vocational courses and mental health and drug and alcohol treatment; improves mental health outcomes for participants; and build participants' job skills and opens up their employment opportunities.

Currently, drug and alcohol treatment may be undertaken as part of a work and development order, but a person must be homeless, mentally ill, intellectually disabled or living in acute financial hardship to be eligible to participate in the scheme. Acute financial hardship is an area that dates back to an extremely unfortunate incident in 1987. Acute financial hardship relates back to an extremely unfortunate incident in 1987. In November that year, inmate Jamie Partlic was seriously assaulted at the former Central Industrial Prison at Long Bay. Jamie Partlic was 18 years old and serving time in custody for fine defaulting. Mr Partlic was housed in Unit 6—an area of the Central Industrial Prison set aside to accommodate inmates serving time in custody for fine defaulting. Mr Partlic was seriously assaulted by another inmate, Gary Stokes, in the yard attached to Unit 6. The attack on Mr Partlic was savage, resulting in a serious acquired brain injury. I am advised that Mr Partlic has continued to make remarkable progress in his recovery from the injuries he sustained in the attack. Inmate Gary Stokes received a sentence of 25 years for the attack. He was released to parole on 9 September 2005.

Prior to the introduction of the Fines Act 1996, the only option available to people unable to pay their fines was to spend time in prison. The attack on Mr Partlic showed that reform of the former fine enforcement system in New South Wales was needed. Accordingly, the Fines Act 1996 provided a range of options for fine enforcement, ranging from suspending a person's driver licence to serving a community service order. The Act continues to be reviewed to ensure that people who are disadvantaged by economic circumstances, physical and mental health issues or homelessness are provided with every opportunity to redress their inability to pay their fines. The Work Development Order scheme is one initiative specifically designed to ensure that vulnerable people can address their fines and not get caught up in the enforcement system.

During my time working in Corrective Services, people were commissioned to work orders or community service orders. They would pick up rubbish on the side of the road, participate in cleaning graffiti or mow lawns for the elderly or disabled. It was certainly a commendable alternative to someone serving prison time for fine defaulting. I am sure all members in this place would never wish to see somebody incarcerated for his or her inability to pay a speeding fine and end up in the same situation as Mr Partlic. Under the current system of options available to someone who fails to pay a penalty notice, if the fine is not paid by the due date on the penalty reminder notice the State Debt Recovery Office will issue an enforcement order. The person then has to pay an additional $50 in enforcement costs, or $25 if he or she is under 18 years of age, and the balance of the unpaid fine. If the increased amount remains unpaid, further fees are added as the Roads and Traffic Authority applies other restrictions.

When an enforcement order is issued demerit points are also applied to the licence, if applicable. When the State Debt Recovery Office issues an enforcement order, the person is given 28 days to pay in full, apply for time to pay by instalments, or request a review of the fine. If there is again failure to take action, the State Debt Recovery Office will direct the Roads and Traffic Authority to apply restrictions that include suspending the driver licence or potentially cancelling the vehicle registration. If still no action is taken, the State Debt Recovery Office would use a range of civil sanctions to recover the moneys. These sanctions can include a property seizure order or garnishee order. If the civil sanctions are unsuccessful, the State Debt Recovery Office can consider issuing the person with a community service order. If the person breaches that order, a warrant may be issued for the person's arrest.

The current system has some six steps. This bill enables somebody with a mental illness, intellectual disability or cognitive impairment, or who is homeless or experiencing acute economic hardship to go back to step one when the penalty notice is issued and voluntarily apply under those guidelines for a work and development order. That takes away the proceeding five steps that could lead to a warrant being issued for that person's arrest. At present drug and alcohol treatment is an activity that may be undertaken as part of a work development order, but a person must be homeless, mentally ill, intellectually disabled or living in acute financial hardship to be eligible. This bill will encourage rehabilitation at an earlier point of contact with the criminal justice system than is currently the case. People are normally not diverted into drug and alcohol treatment until they commit an offence serious enough to warrant a court appearance.

The Work and Development Order scheme has been run with the goodwill and commitment of many health practitioners and non-government organisations, including Mission Australia, Anglicare, the Schizophrenia Fellowship, Youth Off the Streets and the Homeless Persons Legal Service. These stakeholders overwhelmingly support the scheme. In a survey issued to all participating organisations and health practitioners this year, 96 per cent of respondents said the Work and Development Order scheme should continue. This is a good bill. It is practical and it goes a long way towards looking after those who are disadvantaged in our society and making the system much easier. I commend the bill to the House.

Mr CHRIS HOLSTEIN (Gosford) [12.46 p.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. The Work and Development Order scheme has been run with the goodwill and commitment of many health practitioners and non-government organisations, such as the well-known Mission Australia, Anglicare, Youth Off the Streets, Centacare and some lesser known but just as important non-government organisations such as Age North Coast in the northern rivers area, Bridging the Gap Sydney West in St Marys and Wayback at Parramatta. In my region they include the Central Coast Emergency Accommodation Service and the Central Coast branch of the Samaritans Foundation. This bill proposes to expand the Work and Development Order scheme and streamline the process.

The scheme is open to people who are experiencing acute economic hardship, those who have a mental illness, intellectual disability or a cognitive impairment, or those who are homeless. This bill will also introduce a category of eligibility to those with a serious addiction to drugs, alcohol or volatile substances. This is a welcome addition that will oblige those in this category to address their drug problem. The scheme has enjoyed almost universal support from all participating organisations and health practitioners, 96 per cent of whom support its continuation. This percentage was derived from a survey issued to all participating organisations and health practitioners during this year.

However, administration has been identified as an area in need of improvement. The primary need is for a faster and simpler application process. Partly addressing that concern is the ability for organisations and health practitioners to determine a person's eligibility to the scheme. Statutory obligations will ensure organisations and health practitioners maintain the necessary paperwork on file to prove the client's eligibility, in accordance with the guidelines. Removal of the need for review by the State Debt Recovery Office will improve processing times. The decision will be made at the coalface by those with expertise, that is, those people working with these vulnerable groups. The safeguards in the bill include the State Debt Recovery Office to require production of evidence to prove eligibility if need be. The State Debt Recovery Office will also have the power to revoke a work and development order if a person is no longer eligible, and to prevent organisations and health practitioners from participating if they seriously or repeatedly fail to comply with their obligations.

This is a good bill. It is an amendment to streamline the process and to instil accountability. The scheme enables disadvantaged individuals to clear fine debt. As found in the pilot evaluation, it also helps to reduce reoffending. It provides a strong incentive for people to engage in unpaid work, educational and vocational courses, and drug and alcohol treatment. It improves mental health outcomes for individuals and it builds the job skills of participants and enhances their employment opportunities. The pilot evaluation recommended that the scheme be made permanent and that its operation be improved. The Government has accepted the recommendation that the scheme be made permanent and other recommendations that will significantly improve processing times and leave decisions concerning eligibility to those with the most expertise in the area. I commend the bill to the House.

Mr JAI ROWELL (Wollondilly) [12.49 p.m.]: I am proud to speak to the Fines Amendment (Work and Development Orders) Bill 2011. The Work and Development Order scheme helps to address problems and provides people who are poor, homeless, mentally ill or intellectually disabled with the chance to work off their fines through activities such as education, mental health treatment and voluntary work with charities. The scheme will enable the disadvantaged people of this State to clear their fine debt by undertaking these activities and courses with approved organisations and health practitioners. These organisations include Mission Australia, Youth Off the Streets, and the Schizophrenia Fellowship as well as many local doctors and nurses within the community.

This scheme demonstrates that we are a Government with an agenda not only to reform New South Wales economically but also to ensure that we offer strong social policies to our constituents. We want to demonstrate that we are attentive to the needs of our citizens whilst ensuring we enforce the law of this State. I join the Attorney General in praising the bill and the goals it sets out to achieve. The scheme was originally established as a two-year pilot, which was recently evaluated. The report found the scheme was helping to reduce reoffending and providing a strong incentive for people to engage in unpaid work. It also found that it helped build participants' job skills and opened the individual to future employment opportunities. These aspects are often the hallmark of good policy initiative; there are direct and indirect benefits as a result of implementation and assessment.

This Government is proud to announce that the evaluation recommended that the scheme be permanent with some improvements to its operation. Under this Government the scheme will be made permanent and we on this side seek to implement two other recommendations that have been made in the evaluation report. The report established that the scheme has been working and that more than 80 per cent of people who were given a work and development order had not had another fine or penalty notice enforced against them. This is something that the Government is proud of and that is why we are implementing further recommendations to continue the scheme with greater integrity and success for those who are disadvantaged in New South Wales.

I am constantly being told by my constituents of the pressures they face with the rising cost of living and its impact on their ability to afford food and petrol, and pay their bills. Obviously things will only get worse with the Federal Labor Government's carbon tax. For this reason I am proud to support those living in Wollondilly who are honest and hardworking citizens of this State and who are looking for a fair go. The bill will encourage those who are disadvantaged in Wollondilly to take advantage of this scheme by utilising community initiatives to work off their fines. Many residents of Wollondilly are struggling to make ends meet and things seem to be getting harder. This Government is proud to support proposals such as this to give the good people of Wollondilly the chance to pay their dues without the added financial burden.

This bill will go a long way towards ending, or at the very least minimising, the threat of perpetual debt as a result of fines and infringement penalties. The first recommendation is the change of eligibility to participate within the scheme; it will include people with serious addictions to drugs and alcohol. Once a person has been identified with these problems, part of the scheme will provide for individuals to undertake counselling as part of their work and development order. The second recommendation that this Government is proud to announce is that the relevant organisation or health practitioner will be bound to keep evidence on a file to prove the individual's eligibility for the scheme. The records may also be subject to audits to ensure all records are in compliance with the requirements set out by this Government.

This recommendation allows for those with the most expertise in this area to take the lead and is an important recommendation. Vigilance to ensure schemes and policy initiatives are continuing to work effectively and efficiently are an important part of being a responsible and accountable government. During the election campaign we spoke of this scheme in our Five Point Action Plan to right the wrongs caused by those opposite in their more than 16 years in power. We said we would restore accountability to government, which includes monitoring the success of a policy to ensure it remains practical and financially viable. Furthermore, the bill has the potential to reduce reoffending as well as the personal, social and economic costs of drug and alcohol abuse in this State.

It is not enough to simply focus on the hard work needed to prevent the problems that negatively impact on our society. This is vital; however, we must focus also on appropriately and properly correcting a problem in an effort to prevent it from happening a second time. This is what the bill has the potential to do. It will go a long way towards preventing repeat offending. The changes we see today will reduce all application processing times. This will also enable organisations and health professionals who have the most experience and expertise to make their decisions about eligibility of the individuals who will be involved in the program. This Government will ensure the program's integrity by putting in place safeguards that will ensure that these changes and recommendations will be workable. I commend the bill to the House.

Mr CHRIS PATTERSON (Camden) [12.54 p.m.]: I support the Fines Amendment (Work and Development Orders) Bill 2011. Fines have a disproportionate impact on the lives of disadvantaged people—those who are homeless, mentally ill, intellectually disabled and young, have an addiction and who are unemployed or on low incomes. Disadvantaged people face a number of barriers to paying fines. Allowing vulnerable people in the community to have the chance to work off their fines through activities such as education, mental health treatment and voluntary work with charities enables them to reduce the risk of compounding existing disadvantages with debts from fines, and will help reduce reoffending.

The two-year pilot of the Work and Development Order scheme has proved to be very positive and has shown that it does in fact help reduce reoffending. Fine recipients who engaged in the scheme and its activities were shown to have improved mental health, and new skills were developed and employment opportunities increased. This evaluation has allowed this Government to make the Work and Development Order scheme permanent. The pilot has well and truly shown that the scheme works. The O'Farrell-Stoner Government is listening and will amend the Fines Act to take in two recommendations made in the evaluation of the scheme. The bill will open up the scheme to people with serious addictions to drugs, alcohol and volatile substances. The bill will also allow the application process to become more streamlined to cut processing times. The fact is that drug and alcohol addiction has a close association with crime and comes at a significant cost to our communities.

Having people with a drug and alcohol abuse problem who are in default of fines take part in treatment can help people who may not have otherwise received treatment or even considered treatment. The benefit of this to the person's health, wellbeing and employment opportunities has the potential to positively impact a person's life and lifestyle. We want to reduce the instance of reoffending and allow these people to take this opportunity to receive rehabilitation before their problems snowball and land them in a vicious cycle of contact with the criminal justice system, which will have an impact on the communities in which we live. An on-the-spot fine of $400 from CityRail to a person drinking alcohol on a CityRail train or station is of little concern to a person with an alcohol addiction, just as an on-the-spot fine of $400 from CityRail to a person using offensive language, engaging in offensive behaviour or spitting is of little concern to a person with a mental illness.

My point is that these people are not in touch with society and do not understand the importance of a fine as a non-affected person would. How are people supposed to pay a fine when they do not understand the need or the legal obligation to do so? We want to encourage people to face up to issues they may have that impact not only on their lives but also on the lives of family members and those of people in our community affected by their actions. We want people who have financial difficulties to be able to repay the penalty for their offence through other means. One size does not fit all in the world of fines. A $68 fine may be insignificant to a lot of people in New South Wales, but for some people it could mean they or their family may have to go without something essential like medication or transport to work.

The bill will allow approved organisations and health practitioners to determine whether a client is eligible for the scheme. Proof of eligibility will be kept on file by these providers but the documentation will no longer have to be reviewed by the State Debt Recovery Office as is currently the case. The State Debt Recovery Office will remain responsible for ensuring that the proposed work and development orders still come within the scope of the scheme. It will ultimately make the work and development order, having relied on the judgement of approved organisations and health practitioners who, after all, are the experts who deal with vulnerable people daily.

Our Government values and wants to ensure integrity. To ensure the integrity of this scheme our Government is setting a clear and specific list of documentation that the organisation or health practitioner will have to keep on file to establish eligibility, and independent audits of organisations and health practitioners to ensure record-keeping compliance will be conducted. The State Debt Recovery Office will have the power to revoke a work and development order if it is of the opinion that an application for the scheme or a report on an order has contained false or misleading information. It will also have the power to revoke an order if it is of the view that a person does not meet, or no longer meets, the eligibility criteria for the scheme.

The O'Farrell-Stoner Government wants to accommodate people who are socially and economically disadvantaged and recognises that expecting people who are economically challenged to pay a fine can cause further disadvantage to them and to those around them. Expecting a person who is socially challenged to understand a fine in the same way that a person without social challenges does, is not working and only has a more detrimental effect on the person concerned. This bill will make amendments to the Work and Development Order scheme and will expand and improve a scheme that has already been shown to be beneficial to the people who use it. The Government wants to build on the scheme's success, and this bill will allow that to happen. I commend the bill to the House.

Mrs TANYA DAVIES (Mulgoa) [1.02 p.m.]: I am pleased to support the Fines Amendment (Work and Development Orders) Bill 2011. The object of the bill is to amend the Fines Act 1996 to extend the categories of persons eligible for work and development orders to persons who have a serious addiction to drugs, alcohol or volatile substances; to enable the State Debt Recovery Office to rely on the assessment of an approved organisation or a health practitioner as to whether a person meets certain eligibility criteria for a work and development order; and to facilitate the appropriate administration of work and development orders. As other members have explained, a work and development order allows eligible people—children and adults—to reduce or eliminate their fine debt by undertaking certain activities such as unpaid voluntary work or certain courses or treatment plans. Work and development orders enable people who cannot pay their fines to work off their debt or accrue hours in training or counselling programs to reduce their debt.

There are members of our community who do not have the financial capacity, and never will, to pay a fine. Work and development orders enable people to pay their debt if they are experiencing acute economic hardship, are homeless or have an intellectual disability, cognitive impairment or mental illness. The Work and Development Order scheme was initially established as a two-year pilot program. After evaluation of the pilot, it was concluded that the scheme was very positive. The evaluation found that the Work and Development Order scheme helped to reduce reoffending—which is what we all want to see. More than 80 per cent of people who were given a work and development order have not had another fine or penalty notice enforced against them. The evaluation also found that the scheme offers a strong incentive for fine recipients to engage in activities such as vocational courses and mental health, drug and alcohol treatment. It was observed that the mental health of many work and development order participants has improved.

I want to share with the House a couple of examples of people who have participated in the work and development order scheme in order to demonstrate how the scheme works in the lives of people in this State. Graham is a 47-year-old client of Mission Australia. Graham is homeless and has a range of mental health issues. He has many unpaid fines for public order offences such as travelling on a train without a valid ticket. Graham qualifies for the work and development order scheme on the basis that he is homeless. His work and development order requires him to attend a tenancy course 20 hours a month. His participation in this course will help to satisfy some of Graham's fine debt, and it will also increase his chances of finding and maintaining public housing. This is a positive scheme for many members of our community who have offended and been given a penalty notice or fine, and are doing the right thing.

We want to see the people who break the law held responsible, but the wonderful thing about this scheme is that it recognises the capacity of those people and is targeting their punishment—for want of a better word—to what they are capable of doing. We recognise Graham's homelessness so his participation in a tenancy program is not only helping him to admit his error and repay his debt to society but also helping him to get his life in order. The second example is "L", a 17-year-old client of the juvenile justice system who has just been released from detention. "L" identified several barriers to employment—financial difficulties, drug addiction and a lack of employment skills. "L" has about $4,000 in fine debt—an extraordinary sum for someone so young. "L" is eligible for a work and development order on the basis that she is in acute economic hardship. Her work and development order requires her to participate in a drug and alcohol treatment program for four months. This will help "L" to address her addiction issues and clear her fine debt—two of her identified barriers to employment.

In introducing the Fines Amendment (Work and Development Orders) Bill 2011, the Government is also proposing to amend the Fines Act to implement two of the other recommendations made in the evaluation report. First, the bill will broaden the scheme to include people who have serious addictions to drugs, alcohol or volatile substances. Secondly, the bill streamlines the work and development order application process to cut red tape and reduce processing times. The first amendment will open up the scheme to people who have a serious addiction to drugs, alcohol or volatile substances. It will enable people with these types of personal challenges to participate in treatment or counselling programs to directly address their personal issues leading to substance abuse. We know that drug and alcohol abuse is a significant cost to the community and to families. It also has a strong link with crime. We have all witnessed the growth in alcohol- and drug-fuelled violence in our communities. This amendment to the Fines Act is a positive change and reflects the challenges of our society that must be met with responsible and effective legislation.

The second amendment streamlines the work and development order application process so that the paperwork of health professionals in their assessment of individuals can be used in the assessment of whether the person qualifies for a work and development order. However, independent audits of approved organisations and health practitioners will ensure that they comply with the eligibility and record-keeping requirements of the scheme. The amendments to the Fines Act once again demonstrate that the O'Farrell Government is seeking at every turn to cut this State's ballooning red tape and make the process less complex. This is another example of the Coalition fulfilling its election commitment to reduce red tape for those who work so hard in our State. The bill gives the State Debt Recovery Office the power to revoke a work and development order in certain circumstances—that is, if it is of the opinion that an application for a work and development order or a report on an order contains false or misleading information.

The State Debt Recovery Office also will have the power to revoke a work and development order if it is of the view that a person does not meet or no longer meets the eligibility criteria for the scheme. I was a little surprised to learn that the Mulgoa electorate has issued only four work and development orders, especially given the success of the program in many communities and the change they have made to people's lives. Perhaps the small number issued in my electorate reflects the lack of awareness of the positive impact of work and development orders. I suggest that the Government examine ways to better inform our community and the judicial system of the individual worth of these orders for eligible members of our community. This bill makes amendments to further strengthen and streamline the work and development order scheme, which has been successful and life changing in most instances. I commend the bill to the House.

Mr BRYAN DOYLE (Campbelltown) [1.12 p.m.]: It gives me great pleasure to support the Fines Amendment (Work and Development Orders) Bill 2011. The bill addresses sentencing punishment issues for offenders, and perhaps it is useful to understand the basic principles underpinning our judicial sentencing process. Under our criminal justice system sentencing penalties are designed to ensure that the offender is adequately punished for an offence, to prevent crime by deterring the offender and other persons from committing similar offences, to protect the community from the offender, to promote the rehabilitation of the offender, to make the offender accountable for his or her actions, to denounce the conduct of the offender, and to recognise the harm to the victim of the crime and to the community. All those factors to a varying degree come into play in the sentencing process.

I am pleased that the bill reflects some of the most positive aspects of that punishment regime. The issuing of fines generally falls within the broad sentencing response, and self-enforcing infringement notices are part of a streamlined process of the administration of justice. In days gone by—no doubt remembered by some, including my friend the member for Dubbo—a breach report was often prepared by police in response to minor crimes, which ultimately led to a summons being issued. Infringement notices were introduced as a diversion to streamline that process. Often infringement notices are referred to as a "pill". My daughter asked me, "Dad, why do they call them a pill?" I said, "Well, once you give them a pill, they actually feel better." This amending bill will make people feel better.

In the past the non-payment of fines resulted in a commitment warrant being issued, which my friend the member for The Entrance outlined earlier. When I was a young constable working at Newtown I was on warrants and summons duty with then Constable First Class Pat Jarvis, who was a very famous entity and fine athlete who represented New South Wales and Australia in rugby league. In those days Pat Jarvis was a big man in his heyday and one of the strongest men I had ever worked with. I was only a new constable, tipping the scales at about 77 kilograms—I am not too far off that now. Pat and I would go with our receipt book and list of warrants and knock on doors to collect the money or the body. When the door opened I would say, "You have to give me the money or Constable Jarvis takes you away." Many people chose to pay the money, but some did choose to cut out the warrants with the largest outstanding amount by spending time in prison or the police lock-up.

This system was replaced with other enforcement measures known as community service orders and suspension of privileges such as licences and vehicle registrations. The work and development orders scheme was introduced to allow those who were poor, homeless, suffering from mental illness or intellectually disabled the chance to work off their fines through education, mental health treatment and voluntary work for charities. Some charities involved in the scheme are worthy causes: Mission Australia, Youth Off The Streets and Schizophrenia Fellowship. I have been privileged to work with Father Riley's Youth Off The Streets group in Campbelltown, a fine group that does a wonderful amount of good for people. Recently with Charlie Lynn, a member of the other place, and Youth Off The Streets ambassador Tony Stewart, a former member of this House and a fine fellow, we inspected the new Youth Off The Streets youth centre currently under construction at Macquarie Fields. I am honoured and proud to support that fine organisation in its efforts and look forward to attending the Youth Off The Streets fundraising ball to be held this Saturday night.

Schizophrenia Fellowship is a wonderful organisation that I have worked with at Campbelltown—the opal of the south-west. In my policing career at Campbelltown I was responsible for the mental health portfolio and was part of the Police Force's Mental Health Intervention Team Response. In my current role as the local member I continue to work closely with Rob Ramjan and wonderful groups such as Ostara and Harmony House. These groups provide tremendous support and friendship to those who suffer from schizophrenia, and do marvellous work to achieve improved health outcomes for those people. That is one reason I am so impressed with this bill and support it strongly.

The Attorney General in his agreement in principle speech noted that over 80 per cent of people who had completed a work and development order had not had another fine or penalty notice enforced against them. That is an incredible result. The evaluation also indicated that the scheme encouraged those issued with work orders to undertake vocational courses or treatment for health issues, including mental health problems, and drug and alcohol addiction. The proposed amendments will add substantially to the success of this process. In particular, the process will now be open to people who have serious addictions to drugs, alcohol or volatile substances. Volatile substances include glue, paint and aerosols, which cause serious problems when they are wrongly used.

If a serious addiction is the only grounds for admission then the person must undertake a drug and alcohol treatment counselling program as part of their work and development order activity. I am most pleased about this because it helps people to address their addiction, which will reduce the potential of committing further offences. As the fine member for Mulgoa noted, it also streamlines the work and development order application process. The bill will streamline the process to allow approved organisations and health practitioners to determine whether their client is eligible for the scheme. It is important to note that the State Debt Recovery Office—a fine organisation—will still be able to act on those assessments and conduct audits to ensure probity.

In summary, when one looks at the general principles of sentencing and punishment under our criminal law, one can see that the bill contributes significantly in a number of areas by helping to protect the community from further offences, preventing crime, ensuring adequate punishment, making sure the offender is held accountable for their actions, and promoting rehabilitation leading to better conduct in the future. A criminal justice system can do nothing more important than reduce the number of people who come in contact with it. I commend the bill to the House.

Mr JOHN WILLIAMS (Murray-Darling) [1.20 p.m.]: It gives me a great deal of pleasure to speak to the Fines Amendment (Work and Development Orders) Bill 2011. The bill will provide a great deal of benefit to disadvantaged people in western New South Wales. On 28 June this year I held a meeting with Centrecare, an agency that provides welfare support and lifestyle benefits to the communities of Wilcannia, Menindee and Broken Hill. The agency is committed to ensuring that there is a big improvement in the lives of the disadvantaged. Front and centre of the discussion was the level of fines imposed on people in those areas. People are fined, do not pay the fine, then incur interest on the fine and end up facing penalties of $6,000 to $8,000. Their fines were originally far less than that—in most cases, a couple of hundred dollars.

While trying to negotiate on behalf of such people it became clear that the State Debt Recovery Office was prepared to put in place some measures to virtually stabilise the debt at a certain level on the condition that it would be paid. But as Centrecare highlighted, some of the debts and the level of repayment required were creating serious hardship for families. The families did not have the means to provide for their necessities on a fortnightly basis. In most cases, the fine repayment represented 30 per cent of the family income. This amending bill gives people the opportunity to work off their fines. At present Centrecare is not recognised as an agency that can oversee work and development orders, ensure that the work is carried out and engage in the auditing process. I would like to see the process fast-tracked so that Centrelink can put the necessary measures in place as quickly as possible.

Much of Centrecare's work is performed by volunteers, and there is a lot more of it to do. While people are prepared to pay off fines through work and development orders, Centrecare can utilise their labour. We recognise that within the community of Wilcannia there are many community work opportunities. In the past community development employment projects provided a huge benefit to the township, with many improvements carried out under that work program. This bill allows the continuation of that work while reducing the debt level of participants. In the communities of Menindee, Wilcannia and Broken Hill approximately three people per week admit to having problems paying fines. That is the tip of the iceberg. Others are obviously suffering in the same way but have not put up their hands at this stage.

Most of those fined are illiterate. They receive correspondence from government departments and do not understand the content or the consequences of not responding to it. In most cases that correspondence is about additional fines that people will be subject to if they do not meet the repayment schedule. This bill is certainly welcomed as addressing the broad concerns of welfare workers in Wilcannia. Those workers want people to be able to work off their fines without incurring further financial impost, thereby allowing them to get on with their lives and provide for their families. I totally support the Fines Amendment (Work and Development Orders) Bill 2011, and I look forward to the rollout of work development orders in the communities of Menindee, Wilcannia and Broken Hill.

Debate adjourned on motion by Mr Kevin Humphries and set down as an order of the day for a later hour.