Submission: On the NSW Law Reform Commission Consultation Paper 10 on Penalty Notices

RLC strongly supports the reform of this procedure and functions of the State Debt Recovery Office to engage with vulnerable people in a way more helpful to the public interest. 

Our submission:

  • agrees with the argument for a stand-alone statute on penalty notices operating in parallel to legislation applicable to fines;
  • submits that agencies should develop policies about issuing penalty notices to minors or vulnerable people;
  • welcomes the recent enactment of provisions in the Fines Act to enable statutory cautions and the development of the Caution Guidelines under the Fines Act;
  • submits that penalty notice enforcement is too serious a governmental function to be outsourced to private contractors;
  • suggests that the Fines Act mandate a maximum of 10 penalty units arising from one incident, but that there be a provision in other legislation for the Fines Act mandate not to apply. 
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