Part III of the reference dealt with the enforcement of orders of Courts of Petty Sessions. Generally, this involves the collection of fines and the consequences of default in their payment. At the time of the reference, fines were the most frequently used penalty by Courts of Petty Sessions.
Terms of Reference
In 1974 the Commission received a general reference to review the Justices Act 1902 (WA), which regulates the procedure of the Courts of Petty Sessions.
Outcomes
In 1994 the Parliament enacted the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA) and the Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 (WA) to implement the proposals of the Cullen Report (1993) as well as a number of the Commission’s recommendations.
The recommendations that were not adopted either did not meet the policy objectives of the government at the time or were subjected to further consideration because they related to local government authorities. The Commission had further recommended that the provisions relating to enforcement of orders of Courts of Petty Sessions should be retained in the Justices Act 1902 (WA) rather than within a new enactment.
