The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

11.1.12.30 Treatment of fines under income management

Treatment of fines

Generally, fines are not related to a priority need and therefore should only be paid from income managed funds if the delegate is satisfied that current, and reasonably foreseeable, priority needs of the person, their partner and dependants can be met from the person's income management account (11.1.3.20).

Where a person has an immediate prospect of being imprisoned for non-payment of a fine and does not have any other funds from which the fine can be paid, the test of whether priority needs have been met should be made having regard to the immediate unmet needs of the person, their partner, their children or their other dependants. The immediate unmet needs would normally relate to food, housing, school nutrition and health needs. The delegate should also have regard to the ability of the person's partner, children and other dependants to meet their priority needs if the person goes to prison for non-payment of a fine.

If the delegate is satisfied that the immediate and future priority needs of the person and their partner, children and other dependants can be met if the fine is paid, then the fine can be paid with the person's income managed funds.

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