Unpaid fines law reform could transform prisons and lives, says WA Attorney-General John Quigley

Introducing garnishee orders for people who don’t pay their fines, rather than sending them to jail, could drastically reduce the State's prison expenditure, says WA Attorney-General John Quigley.

A garnishee order allows the court to send notices to the offender's bank or employer to collect the fines in wages or through an account.

Speaking to The West Live host Jenna Clarke on Friday, Mr Quigley discussed the unpaid fines law reforms that passed through State Parliament this week, that allow jail to be the last resort for fine defaulters.

“We've virtually brought Western Australia up to date with some of our counterparts in the eastern states with wiping out warrants of commitment of non payment of fines,” he said.

“This was just an express delivery service for impoverished and or down-trodden people into the prison system, basically, Indigenous persons.”

Our system was broken

The reform was sparked by an inquest into the death of Yamatji woman Ms Dhu, who was locked up at the South Hedland Police Station in 2014 for $3622 in unpaid fines.

The 22-year-old had been unwell and died in hospital two days after her arrest. A coroner ruled she had been treated inhumanely.

“We were jailing people in Western Australia at 70 per cent higher than the national average and 30 per cent higher than the Northern Territory. Our system was broken - and at the same time, costing us an absolute fortune,” he said.

“To imprison someone for the first three days is costing us well over $2500 plus transport and other artillery.

“We've introduced garnishee orders where the fines enforcement officer now can service a notice on the person's employer to pay a portion of the wages back.

“In those cases, where people haven't got any income or assets, the garnishee can be in community development orders. People in the regions can be put to work for the shire council or the local sporting club or Rotary.

“Let's get something out of this and not just have them languishing in prison at the taxpayers expensive.”

• McGowan Government’s unpaid fines overhaul to help Indigenous incarceration rates fall

Mr Quigley said there were currently 1300 warrants of commitment for fine defaulters in WA.

“They're not all served but as soon as the government signs the paper... those warrants become extinct. They're wiped out,” he said.

“Any one in prison for a none payment of a fine will be immediately released. That's a dramatic change.

“Then when people go to court and are fined there will be pathways to enforce the punishment that do not inflict economic pain on the taxpayer.”