Fine Collection Notices FAQ
What can I do to stop a Fine Collection Notice being issued?
You must either pay in full, agree to pay by instalments, or request a financial
assessment to identify if you can have your fine converted to unpaid community
service.
If you attempt to withdraw funds from your bank account before a deduction occurs you are committing an offence. If your employer does not deduct money from your wages they are committing an offence.
How can I have a Fine Collection Notice cancelled?
A fine collection notice will be withdraw if you pay in full.
Will a Fine Collection Notice tell my bank or employer what offence I
have allegedly committed?
No. Details of any offences are confidential and will not be released by SPER
to anyone without your authority.
What should I do if I'm unhappy with the amount being deducted from my
pay or bank account?
In certain circumstances, SPER can vary the Fine Collection Notice. You should
write to SPER with the reasons why you are unhappy with the amount to be deducted
per week. Make sure you include a full list of your income and expenses, plus
copies of any documents to support your claims, so SPER can assess your financial
situation and decide whether to change the amount to be deducted.
Can I do unpaid community service if a Fine Collection Notice has been
issued?
You can make an application to do unpaid community service. If your application
is approved, the fine collection notice will be withdrawn. If your application
is refused, the fine collection notice will remain in place.
What is a Fine Collection Notice for Redirection of Earnings?
A Fine Collection Notice for the Redirection of Earnings is issued under section 75(2)(a) of the State Penalties Enforcement Act 1999 . This authorises your employer to deduct the equivalent weekly amount from your wages as specified on the notice. Your employer must give you written notice of the amount deducted under the notice, or not deducted as the case may be.
What is the "protected earnings amount" that is referred to on the Fine Collection Notice for Redirection of Earnings?
This amount has been set by Commonwealth legislation (Child Support Agency) to cover reasonable living expenses and is adjusted annually. Your employer must take the protected earnings amount (PEA) into account when making deductions under a Fine Collection Notice. This means that after the deduction of the appropriate income tax amount, and the deduction of the amount noted in the Fine Collection Notice, you should be left with an amount not less than the PEA. This does not include other deductions such as union fees, superannuation, loan repayments, ambulance deductions etc.
Can I lose my job because I have a Fine Collection Notice issued to my employer?
No. Section 92 of the State Penalties Enforcement Act 1999 provides that Employers are not to prejudice employees because of this action. Your employer cannot refuse to employ or pay earnings to you, dismiss or threaten to dismiss you or terminate your earnings, prejudice your employment in any way, intimidate, coerce or impose any form of penalty or disciplinary action against you. Under this section an employer taking any of these actions is committing an offence.
What is a Fine Collection Notice for Redirection of a Debt?
A Fine Collection Notice for the redirection of a debt is issued under section 75(2)(b) of the State Penalties Enforcement Act 1999 . This authorises a financial institution or third party (who holds funds on your behalf) to deduct all available monies from your account, up to and including the amount for which the notice was issued, taking into account any protected amount.
What is a protected amount under a Redirection of a Debt?
The protected amount applies when the notice has been issued to a Financial Institution to deduct funds from your bank account. This amount is specified on the notice and the Financial Institution must leave you with this minimum amount in your account after they have made the relevant deduction.
What is a Fine Collection Notice for the regular redirection from a financial institution account?
A Fine Collection Notice for the regular redirection from a financial institution account is issued under section 75(2)(c) of the State Penalties Enforcement Act 1999 where SPER hold account information for you and believes that you have a regular deposit of earnings being made into that account. This means that the Financial Institution must deduct the specified amount from your account each time this regular deposit is made into your account. The Financial Institution is also authorised to deduct from your account an administration charge and keep it as a contribution towards the administrative cost of making payments under the notice. They must also supply you with a notice of the deductions and when they were made.
What does "earnings" mean when money is being deducted from my bank account under a Regular Redirection?
Schedule 2 (Dictionary) of the State Penalties Enforcement Act 1999 , state the earnings of a debtor means ".wages, salary, fees, bonuses, commission, overtime pay or other compensation for services or profit arising from office or employment, a pension, benefit or similar payment, an annuity or an amount payable instead of leave or retirement benefit owing or accruing to the enforcement debtor".
What is a "regular deposit"?
This is an amount which is deposited into an account on a regular basis (such as every week, fortnight, month, etc) from the same source (eg employer, Centrelink, etc).
