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103
Dollar value of a day's community service
That in jurisdictions where a Community Service Order may be imposed for fine default, the dollar value of a day's service should be greater than and certainly not less than, the dollar value of a day served in prison.
This recommendation is still important, but because a day of community service is now worth more than a day in prison, the original goal of Recommendation 103 has effectively been met.
Aboriginal Justice Caucus Assessment
Recommendation 103 was one of several made by the Royal Commission into Aboriginal Deaths in Custody to reduce the number of people being sent to prison for unpaid fines. It encouraged the use of Community Service Orders instead of jail and aimed to make sure that the value of a day doing community work wasn't less than a day spent in prison.
Since then, steps have been taken that match the intent of this recommendation. In Victoria, under the Sentencing Act 1991, people who can’t pay their fines can apply to have them converted to community service through a Fine Conversion Order. The amount of community service is worked out based on penalty units, which are updated every year by the Victorian Treasurer.
Also, if someone has an outstanding warrant and is already in prison, they can write to the sheriff and ask to serve extra time in jail instead of paying the fine. The sheriff can then ask the court for approval.
In 2024-25, it takes five hours of community service to 'pay off' one penalty unit ($197.59). If a person in prison hasn’t paid their fines, they can be jailed for an additional day for each penalty unit.
This recommendation is still important, but because a day of community service is now worth more than a day in prison, the original goal of Recommendation 103 has effectively been met.
Priority for Further Work:
Low
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted the need to reform sentencing to effectively use non-custodial options like community service orders. It recommended assigning a higher monetary value to a day of community service than a day in prison, to address the lack of available community work in certain areas and encourage courts to treat community-based sentences as legitimate alternatives to imprisonment, particularly for fine defaults.
Actions Taken Since Last Review
Department of Justice and Community Safety
The Department of Justice and Community Safety has specific policies regarding the conversion of fines to community service. Under the Fine Conversion Order, a person can convert their outstanding fine into unpaid community work. This conversion is regulated by the Sentencing Act 1991 (Vic) and requires that one hour of community work converts 0.2 penalty units, making the rate for a day's work dependent on the current value of a penalty unit.
Penalty Units determine the amount someone is fined. From 1 July 2024 to 30 June 2025, the value of a penalty unit was $197.59. For example, an offence carrying two penalty units resulted in a $395 fine.
Late charges apply if fines are not paid on time, with the amount varying based on the fine type and duration of payment delay. The penalty interest rate for civil judgment debts or court orders is set at 10 per cent per annum.
Department of Treasury and Finance
Victorian Government departments and agencies impose fees for services and regulatory activities, such as licensing, registration, and fines for misconduct to deter unlawful actions. These fees and fines are established and periodically updated through relevant legislation. The Victorian Government annually indexes specific fees and penalties.
Impact
Under the Sentencing Act 1991 (Vic), fines can be converted to community service through Fine Conversion Orders. Fines are converted to community service at a rate determined by penalty units. There are application and financial documentation requirements for people seeking to convert their fines, and guidance material describing how to apply for a Fine Conversion Order.
The dollar value of a day’s community service is greater than a day served in prison in Victoria.
Five hours of community work equals 1 penalty unit (worth $197.59 in 2024-25), whereas a person in default of payment of a fine may be imprisoned for 1 day for each penalty unit.