New South Wales Consolidated Acts

FINES ACT 1996 - SECT 99B

99B Making an order

(1) A work and development order may be made by the Commissioner with respect to a person in relation to all or part of an unpaid fine if--

(a) a fine enforcement order has been made with respect to the person in relation to the fine, and

(b) the person--

(i) has a mental illness, or

(ii) has an intellectual disability or cognitive impairment, or

(iii) is homeless, or

(iv) is experiencing acute economic hardship, or

(v) has a serious addiction to drugs, alcohol or volatile substances, and

(c) a community correction order or community service order is not in force under Division 5 against the fine defaulter in respect of the fine, and

(d) an application is made in accordance with this Subdivision.

(1A) A work and development order may be made in relation to a person who is a resident of a State or Territory other than New South Wales.

(2) An application for an order is to--

(a) be made to the Commissioner by or on behalf of the person, and

(b) be supported by each approved person who is to supervise the person in complying with the order, and

(c) set out the grounds for making the order, the activities that are proposed to be carried out under the order and a proposed time for the completion of those activities.

(2A) If the application for the order is in relation to a person who has a serious addiction to drugs, alcohol or volatile substances but does not satisfy any of the other criteria referred to in subsection (1) (b), the only activities that the person may be required to carry out under the order are counselling and drug or alcohol treatment.

(3) An application may be made in anticipation of a fine enforcement order being made with respect to the person in relation to the fine.

(4) If the regulations prescribe a maximum number of work and development orders that may be made in any particular period, the Commissioner is not to make an order during that period if satisfied that the number of such orders will exceed the number prescribed (even if directed to do so by the Hardship Review Board under section 101B (6)).

(5) If the Commissioner determines to make an order, the order is to be made in such terms as are agreed between the Commissioner, the applicant and each approved person.

(6) An order is to specify--

(a) the value of the activities that are to be undertaken under the order for the purposes of satisfying the fine to which the order relates, and

(b) the nature of any unpaid work that may be required under the order.

(7) No enforcement action is to be taken against a person under this Part in respect of a fine to which a work and development order relates while the order is in force.