Remission of fines and driver licence disqualifications
Remission of fines and driver licence disqualifications
Her Excellency the Governor has the power to remit fines through the exercise of the Royal Prerogative of Mercy. The Attorney General may recommend to the Governor that a person be relieved of his/her liability for the payment of outstanding fines.
What if I cannot afford to pay my outstanding fines and they have been referred to the State Debt Recovery Office for enforcement?
The State Debt Recovery Office (SDRO) has the power under section 101 of the Fines Act 1996 (the Act) to 'write-off' any unpaid fines. The Treasurer administers the Act and all enquiries about time to pay, write-off applications or the deferral of fines must be made to the SDRO direct.
Can the Attorney General consider the remission of my outstanding fines?
Yes, but only after an application to 'write-off' unpaid fines has been made and considered by the Treasurer/SDRO.
Where do I write to if I want my fines remitted?
An application for the 'write-off' of any unpaid fines should be made in writing to:
The Director
State Debt Recovery Office
PO Box A2571
SYDNEY SOUTH NSW 1235.
Telephone inquiries concerning the 'write-off' of unpaid fines should be directed to the SDRO on 1300 655 805.
REMISSION OF UNEXPIRED PERIOD OF DRIVING DISQUALIFICATION
If you seek remission of an unexpired period of driving disqualification please read 'Information for Applicants'
REMISSION OF CERTAIN FINES
The exercise of the Royal Prerogative of Mercy is a broad discretion to dispense clemency. It is exercised in NSW by Her Excellency the Governor on the advice of the Executive Council as a matter of common law and is preserved by section 7 of the Australia Act 1986 (Cth), the Australia Act 1986 (United Kingdom), and Part 2A of the Constitution Act (NSW) 1902.
The Attorney General, as the Minister principally concerned with the administration of justice, is the Minister responsible for providing advice to the Governor in Council.
REMISSION OF FINES ON A CUT-OUT BASIS
What does the remission of fines on a 'cut out' basis mean?
Prior to the introduction of the Fines Act 1996 on 27 January 1998, a person serving a custodial sentence could 'call in' any existing warrants of commitment.
However, since 27 January 1998 persons in custody are no longer able to ask a court to issue a warrant of commitment for an outstanding penalty to allow the penalty to be 'cut out'. Warrants can now only be issued when all other available enforcement processes by the State Debt Recovery Office (SDRO) have failed. For example, cancellation of licence/registration, seizure of property, garnishee of wages and community service orders. Only when all these enforcement procedures have failed and a warrant of commitment is issued by the SDRO can a person 'cut out' a fine.
What if I served a custodial sentence prior to 27 January 1998?
A person who entered custody before 27 January 1998 and served a custodial sentence can apply to the Department of Attorney General and Justice to have his/her outstanding fines remitted on a 'cut out' basis. However, to be considered for remission the fines must have been imposed by a Local Court before the commencement of the Fines Act 1996.
How do I make an application to have my fines remitted on a 'cut out' basis?
An application for the remission of fines on a 'cut out' basis should be in writing detailing the period spent in custody including your full name, date of birth and MIN number if known. Information relating to the fines you are seeking to be remitted should also be provided.
Applications should be addressed to the attention of:
The Director
Legal Services Branch
Department of Attorney General and Justice
GPO Box 6
SYDNEY NSW 2001