Like many parts of the world fines in Australia exist for a number of reasons. In this article, we explore if fines are disproportionately affecting a specific part of society and how other countries prevent this.
An Overview of Fines in Australia
A fine in Australia falls under a wide umbrella of definitions in Section 3 (2) of the Crimes Act 1914. All fines include a monetary payment depending on the act of the offender. The fines are calculated using a ‘penalty unit’ that contains a value multiplied into the number of penalty units an act carries.
For example, if John gets caught shoplifting, his penalty fine would be the penalty unit such as $150 into the number of units shoplifting carries (i.e 2 Units). Therefore, $150 multiplied by 2 would mean John’s fine totals to $350.
An example of fines for minor offences include:
| Offence | Fine |
| Parking | $100+ (Find details here.) |
| Shoplifting | First time fine upto $1000 Shoplifting often falls under larceny. Find out more here. |
| Speeding | Starting at $183. Can increase to a fine of $1,286. More information on speeding fines can be found here. |
How the fines in Australia is inherently disproportionately affecting poorer social groups.
The structure of the Australian fine system allows a number of bodies to issue fines. The fines require the offender to either pay or challenge it by the due date to prevent being fined a late penalty. Disadvantaged groups such as poorer social groups, mental illness, homeless and disabled individuals often find themselves on the short end of the stick in this system.
Further, studies show marginalised groups such as refugees, migrants, and indigenous people are targeted with fines on public transport much more frequently. And many homeless individuals may also find themselves receiving a number of street offences.
The impact of these fines on marginalised groups may be severe as they can take up a significant portion of their income. It may prevent them from being able to afford essential activities such as transport and food.
The actual impact of fines on the wealthy (and businesses) is vastly less in comparison. Unfortunately, both major political parties have historically avoided addressing this.
Best practice of fines around the world
In Finland, speeding fines become linked to the salary of the offender, commonly known as a ‘day fine’ system. The fine is calculated using the offender’s daily disposable income. With this system, marginalised groups do not have to pay more than they can afford.
In 2007, Switzerland also adopted the day fine system. As more countries adopt progressive punishments that do not further marginalize disadvantaged communities we hope to see Australia move towards these decisions in the future.
