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M1: Fines

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First edition July 2019

Acknowledgements: Thank you to Ashwood, Berendale, Heatherwood and Marnebek schools. Thank you to Warringa Park School for working with us in 2012 on the first stage of this project. The first edition of the Fines and Driving modules in Learning the law were developed as a collaboration between Victoria Legal Aid, the Department of Education and Training (DET), and the Aspin Group.

© 2019 Victoria Legal Aid.

This work is licensed under a Creative Commons Attribution 4.0 licence. You are free to re-use the work under that licence, on the condition that you credit Victoria Legal Aid as author, indicate if changes were made and comply with other licence terms. The licence does not apply to any images, photographs or branding including the Victoria Legal Aid logo.

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Learning the law P 2

http://www.legalaid.vic.gov.au/


M1: Fines

ContentsAbout Learning the law......................................................................................................................... 4Suggested lesson plans........................................................................................................................6What do these words mean?................................................................................................................9The film – Fines...................................................................................................................................10Activity 1 – What do these words mean?............................................................................................12Activity 2 – What was the problem here?............................................................................................18Activity 3 – What can Raymond do now?............................................................................................20Extra legal information........................................................................................................................24Extra resources...................................................................................................................................28


M1: Fines

About Learning the lawWhat is Learning the law? Learning the law is an online suite of teaching tools for teachers of students with a mild intellectual disability in years 8 to 12.

Teachers in mainstream schools who want simplified materials on the legal topics may also find these tools useful.

By using these tools, teachers can help young people increase their:

knowledge of legal rights and responsibilities ability to identify legal problems confidence in seeking help.

There are four topics:

fines driving consent sexting.

Each topic includes a short film and three activities.

What is in this teachers’ resource?This teachers’ resource supports the topic of fines. It provides:

three legal education lesson plans discussion questions legal information a list of additional teaching resources about fines, public transport and Authorised Officers.

What are the learning outcomes?Knowledge

Students gain knowledge about the legal issues to do with:

- fines

- myki

- Authorised Officers. Students identify where to get help if they have a fine or an issue with Authorised Officers. Students consider how to prevent a legal problem relating to fines.

Skills

narrative analysis reading discussion


M1: Fines

decision making problem solving web browsing.

What tools will you need?You will need the:

Fines video Fines online activities Fines teachers’ resource.

You will find the Learning the law tools online. See Learning the law (www.legalaid.vic.gov.au/learningthelaw).

What technology will you need?You will need access to external websites, including websites with video content. You may also want to use a data projector to connect to your device.


http://www.legalaid.vic.gov.au/learningthelaw

M1: Fines

Suggested lesson plansLesson oneIn this lesson you can watch the Fines film and do ‘Activity 1 – What do these words mean?’.

Structure Minutes

Introduction

Outline today’s lesson.

Set ground rules (for example, watch the film quietly, take turns with answers).

5

Tuning in to the session

Watch the Fines film.

Have a discussion (see notes on page 11)

Watch the film again.

Have further discussion (see notes on page 11).

25

Building knowledge of topic

Complete ‘Activity 1 – What do these words mean?’ (see notes about this activity on page 12).

20

Drawing it together

Reflection. Possible prompt questions:

- What was one thing or one important word you learnt in today’s lesson?

- What questions do you have after today’s lesson?

Conclusion. Prompt questions:

- What responsibilities do you have with your myki when you travel on public transport?

- What is a fine?

- What does an Authorised Officer do?

10


M1: Fines

Lesson twoIn this lesson, you can revisit the film and do ‘Activity 2 – What was the problem here?’.

Structure Minutes

Introduction

Recap on the last lesson.


Set ground rules (for example, watch the film and activity screens quietly, take turns with answers).

10


Watch the Fines film.

Have a discussion (see notes on page 11).

10


Complete ‘Activity 2 – What was the problem here?’ (see notes about this activity on page 18).

30

Drawing it together





- What were the problems for Raymond?

- What did the lawyer say?

10


M1: Fines

Lesson threeIn this lesson, you can revisit the film and do ‘Activity 3 – What can Raymond do now?’.

Structure Minutes

Introduction

Recap previous lesson.


Ground rules (for example, watch the film and activity screens quietly, take turns with answers).

10


Watch the Fines film again.

Have a discussion (see notes on page 11).

15


Complete ‘Activity 3 – What can Raymond do now?’ (see notes about this activity on page 20).

25

Drawing it together





- Where can you go for help if you have a problem with a myki fine

- What can you do to avoid getting a myki fine?

10


M1: Fines

What do these words mean?In these teachers’ notes, we use legal words. The definitions for these words are below. We have also included other legal words that you might hear used.

arrest – when the police hold you in custody because they think you have broken the law

bail – a promise that you will go to court to face charges on a certain date. You may have to agree to conditions like reporting to the police or living at a certain place

charge – this term is used two ways. Firstly, it is an action the police can take. When the police charge you with an offence, this means they believe you have broken the law and are taking you to court. Secondly, once the police have charged you with committing an offence, the offence is also referred to as the charge

Children’s Court of Victoria – the court where young people have criminal and some family matters heard

custody – when the police have arrested you and you are not free to leave

discrimination – unfair treatment that results in a disadvantage

evidence – information (from a witness, documents or material) used in court to prove something. This could include a myki card

fine – money you pay as a punishment for breaking the law. This is usually for relatively minor offences such as littering, parking, traffic or public transport offences

hearing – the presentation of a matter at court

infringement notice – a written document that tells you that you have to pay the fine. The ‘prosecuting agency’ sends this out. The prosecuting agency for public transport fines is the Department of Transport

judge – a person who hears cases. They decide whether you are guilty or not. They can give sentences. In the Children’s Court, a judge hears some cases. However, the formal title is ‘president’

magistrate – a person who hears cases in the Magistrates’ Court and the Children’s Court. They decide whether you are guilty or not. They can give sentences

offence – a particular action or behaviour that the law says is wrong

penalty – a punishment for breaking the law

penalty unit – a fine is made up of penalty units. Each penalty unit has a value in dollars. This goes up every year. For example, if you are found guilty of an offence, the magistrate may give you a fine that is ten penalty units. This would be ten times the amount of one penalty unit

There is more information about legal terms such as offence, police officers and Protective Services Officers in the ‘Extra legal information’ section on page 24.


M1: Fines

The film – Fines See the film online at Fines (https://youtu.be/LDDzohxnHp4)

Characters

Raymond, 15 Axel, 15

SummaryRaymond and Axel are friends. They are playing computer games at Raymond’s place.

Raymond has gotten a fine for not touching on his myki. He talks about this with Axel. We see a flashback sequence to about a month ago when Raymond did not touch on, and a few stops later two Authorised Officers checked Raymond’s myki card, took his details and reported him.

Raymond thinks that the Authorised Officers always hassle him first and he does not want to pay the fine.

At the end of the film, Raymond scrunches up his fine and throws it in the bin.

Transcript RAYMOND: No, no, no! C’mon!

AXEL: That’s it, you’re off. Move over, loser.

RAYMOND: [Picks up note that reads ‘Raymond. How are you going to pay for this?’] Whatever.

AXEL: What?

RAYMOND: My Dad left me a note on my myki fine.

AXEL: That’s weird.

RAYMOND: He’s a weird guy.

AXEL: Like father, like son.

RAYMOND: I didn’t touch on.

[Flashback in still images.]


https://youtu.be/LDDzohxnHp4

https://youtu.be/LDDzohxnHp4

M1: Fines

RAYMOND: They always hassle me first.

AXEL: Do you want to play again?

RAYMOND: Nah. [Writing onto the fine.] ‘Dad. Why don’t you pay the fine? You are rich. Your son, Raymond.’

AXEL: ‘Raymond, my son. Why don’t you get a job like the rest of us “rich” old people? You can’t be playing video games all day.’

RAYMOND: Thanks, Dad. [Opening the fine.] Seventy two bucks! [Throws it into the bin.]

Note – as at 1 July 2019, the fine has gone up to $83.

Length2:22 minutes.

Discussion questions – first viewYou might want to lead the discussion with these questions:

Who are the characters in the film? What happened to the characters in the film? What is the story? What are some of the things you saw Raymond do? What words, actions or things did Raymond get in trouble for? How did Raymond feel in the film? What tells us this?

You may also want to ask the students one or two of these questions before watching the film and ask the students to look out for the answers.

Further discussion questions – subsequent viewsWhen you revisit the film, you could ask the students to look out for the answers to some of the questions above before watching the film.

You could also ask:

Is there anything else you notice about the film this time? Is there anything you feel differently about this time?


M1: Fines

Activity 1 – What do these words mean?About this activity

myki Authorised Officer Fine

In this activity, you and your students can:

Look at three images from the film, which have corresponding words underneath them. Discuss what the words mean.

Interacting with this activityIn the module, you will click on the image to highlight it.

Discussion questionsYou might want to lead the discussion with these questions:

What do you think these words mean? Have you heard these words used before? Where and when? What’s going on in these pictures? How do you think Raymond is feeling in these pictures? What tells us this?

Legal answersYour discussion with students will touch on different issues. The following information can support you to discuss the legal issues. Key points are in bold – these are the main messages to pass on to the students.

There is more information about legal terms such as offence, police officers and Protective Services Officers in the ‘Extra legal information’ section on page 24.


M1: Fines

myki

Key points

When using public transport in Victoria, there are rules to follow. You must have a myki card. Unless you have an Access Travel Pass, you must have enough money on your myki card for your trip. You must touch on.

You are breaking the law if you do not do these things. Young people 16 and under do not need a special concession card to buy or travel on

concession fares.

What the law says

When anyone travels on public transport in Victoria they must have a valid ticket, which means having a myki card on them. A valid ticket means that:

the myki has enough money for their trip they have chosen the right fare (adult or concession) they are carrying the right concession card with them (if they are over 16 and have chosen a

concession fare).

For anyone using public transport in other states and territories, there are different laws, tickets and fares. But in general, you need to pay for your trip when you use public transport.

To find out more about myki, see Public Transport Victoria (www.ptv.vic.gov.au/tickets/myki/)

Concession cards

Young people 16 and under do not need a special concession card. Their school ID or proof of age card is enough.

For people 17 or older and travelling on a concession fare on their myki card, they must have a current Health Care Card in their name or a Victorian Public Transport Student Concession Card. A student card from school is not enough. An Authorised Officer can ask to see both the myki card and the concession card. If the person does not co-operate, they are breaking the law and they may be arrested.

To find out more about concession fares, see Public Transport Victoria (www.ptv.vic.gov.au/tickets/fares/concession/)

Access Travel Passes

Some people with disabilities can travel for free on public transport on an Access Travel Pass. They do not need a valid myki. A person can get this pass if they have a ‘significant permanent disability’ and can travel by themselves on public transport but their disability means they cannot use the ticketing systems.

To find out about more about the Access Travel Pass, see Public Transport Victoria (www.ptv.vic.gov.au/tickets/fares/free-travel-passes/access-travel-pass/)

No valid ticket

In some cases a person can travel without a valid ticket if:

before and after the journey they take all reasonable steps to buy a myki card or top up their myki they had no reasonable opportunity to buy a myki card or top up while making their journey.


http://www.ptv.vic.gov.au/tickets/fares/free-travel-passes/access-travel-pass/

http://www.ptv.vic.gov.au/tickets/fares/free-travel-passes/access-travel-pass/

http://www.ptv.vic.gov.au/tickets/fares/concession/

http://www.ptv.vic.gov.au/tickets/fares/concession/

http://www.ptv.vic.gov.au/tickets/myki/

http://www.ptv.vic.gov.au/tickets/myki/

M1: Fines

There is no definition of ‘reasonable steps’ or ‘reasonable opportunity’. It depends on the circumstances. Sometimes it may be reasonable to travel without a valid ticket if the myki machines are not working at the start of the journey and the person cannot buy a myki or top up during or after the journey.

Authorised Officer

The public transport providers in Victoria employ Authorised Officers to work in and around trains, trams and buses. People sometimes call Authorised Officers ‘ticket inspectors’.

Key points

An Authorised Officer is doing their job when they ask to check your myki and concession card. An Authorised Officer is supposed to treat you with respect and is not supposed to harass you, be violent

towards you, be too forceful with you or discriminate against you. You have the right to complain if this happens.

Authorised Officers’ powers

Authorised Officers have a range of powers. They can check whether passengers are travelling with a myki card, whether the passenger has the right fare on their myki and whether the passenger has touched on. The Authorised Officers can also check for proof of concession. Authorised Officers can check a person’s myki while they are travelling on a train, tram or bus. They can also do this as a passenger gets off the train, tram or bus.

An Authorised Officer may take a passenger’s myki card if that passenger does not have a valid fare. The Authorised Officer may want to keep the myki card as evidence. In the meantime, the Authorised Officer should give that passenger a ‘travel permit’ so they can finish their trip. Later on, the passenger may be able to have the value of the myki refunded or get another myki once investigations are over.

A passenger has the right to ask an Authorised Officer for their name and where they work. The passenger can ask for this in writing. An Authorised Officer can be fined for not giving the passenger this information.

A passenger has the right to be treated fairly. Sometimes an Authorised Officer may have to touch the passenger, for example, to keep the passenger from leaving. However, the Authorised Officer is not supposed to use any more force than they have to. For example, you might have a student who refused to show their myki but was not rude about it. The Authorised Officer should not push the student roughly or yell at them loudly to get the student to show their myki.

Authorised Officers should not discriminate against a passenger and they should not pick on a passenger because of their disability. Discrimination is treating someone unfairly because of a personal characteristic (or perceived characteristic) and causing that person to be disadvantaged as a result. For example, a personal characteristic might be something such as age, disability, gender or their sexuality. Discrimination can be direct and indirect. In some areas of ‘public life’, it is against the law to discriminate. It might be discrimination if a student is on a train platform in a wheelchair and every day as the student is waiting for the train, an Authorised Officer comes up to the student first to check their myki but they do not do this to anyone else.

Complaints

Your students have the right to complain if they think they have been treated too roughly or discriminated against. See ‘Other organisations that can help – discrimination and complaints’ on page 23 for information about the Public Transport Ombudsman and human rights commissions.

Fines

The system for fines can be very overwhelming; there are lots of stages involved. The following is a summary of what it might mean for a student to get a fine.


M1: Fines

Key points

If you get a fine, do not ignore it. Take action. There are several things you can do. If you believe you broke the law, you could pay the fine as soon as you can.

There is a special system for chasing up fines from young people under 18. This system is called CAYPINS (Children and Young Persons Infringement Notice System).

CAYPINS is not as harsh as the system for adults. A young person who ends up in CAYPINS may get a reduced fine if the young person comes to their CAYPINS hearing, completes their paperwork and speaks to the CAYPINS registrar.

If you do not think you broke the law and you believe you should not have gotten the fine, you may be able to successfully argue against a fine or get unpaid fines cancelled. This can be hard. Get legal advice.

What is a fine?

Sometimes when a person breaks the law, the penalty they end up with is a fine. A fine is a certain amount of money that the person pays as punishment for breaking the law.

A fine is also known as an infringement. When a person gets the fine, it can come in writing in the mail as an ‘infringement notice’.

People can get fines for many things, including not having enough money on their myki. The Authorised Officer does not give out the fine. They take the passenger’s details and report them to the Department of Transport. The department then sends out the fine.

What to do if you get a fine

In the film Raymond ignores his fine. He throws the fine in the bin.

If a young person gets a fine, they should not ignore it. There are different things they can do.

They could pay the fine. They might want to do this because they agree that they broke the law. We see in Activity 2 that Raymond knowingly broke the law by not putting money on his myki. If money is an issue, a young person can ask the department for more time to pay or ask to pay the fine off bit by bit.

To pay all fines, a young person can do this online. See the Victorian Government Fines (https://online.fines.vic.gov.au/) website.

If a young person believes they did not break the law or there were certain things that led to them breaking the law, the young person could challenge or dispute the fine. See ‘Disagreeing with the fine’ on page 18.

A young person could ask for a caution. This means asking the department to cancel the fine. The young person would write to the department explaining what happened, that they agree they broke the law and that it was their first or second fine (if this is the case). The department may agree to give the caution. A parent could write this letter on a young person’s behalf, and so could a teacher or counsellor.

Sometimes people feel overwhelmed by fines and do not want to do anything about their fine. However, doing nothing does not make the fine go away. It is a good idea to get help from a parent or a legal service to understand what the fine means and what the young person’s options are.

Parents are not liable for their children’s fines. However, sometimes parents who can afford it choose to pay off their children’s fines.

What happens if you do not pay the fine

We see in Activity 3 that one thing Raymond does is to get his fine out of the bin and then pay it.


https://online.fines.vic.gov.au/

M1: Fines

However, there is also a part of Activity 3 that looks at what would happen if Raymond did not pay his fine – getting a fine can be an anxious experience and sometimes people avoid doing anything.

If Raymond did nothing, the department will:

send Raymond a ‘penalty reminder notice’ if Raymond has not paid the fine or taken any action to pay the fine by the due date, listed on the fine. This is usually 21 days after being sent the fine

send Raymond a ‘final demand letter’ if Raymond has still not paid the fine or taken any action to pay the fine within another 28 days of being sent the reminder penalty notice.

This will be the last chance for Raymond to pay without getting into any more trouble.

If he does not pay or take any action to pay within 28 days of being sent the final demand letter, then the department may do a couple of things:

ask the Children’s Court to register the unpaid fine under CAYPINS (Children and Young Persons Infringement Notice System). This means that the Children’s Court will now chase up the fine

charge Raymond and send him a letter (a ‘charge and summons’) to come to the Children’s Court. The court can deal with the matter if Raymond is not there. He could get a bigger fine. Usually if it was the police who issued the fine, they may charge a young person rather than ask the court to register the unpaid fine under CAYPINS.

Under CAYPINS, the registrar will send a notice to Raymond about what he can do:

pay the registered amount (that the department had registered) on or before a date set out in the notice. It may be a reduced amount if CAYPINS paperwork was done before this stage

apply for time to pay apply for an order that the amount not be enforced come to court to go before the registrar on a date set out in the notice. Raymond could get help from a duty

lawyer on the day ask the matter to be put off until another day so that he can appear ask that the matter not be dealt with by the registrar but be dealt with in court (a young person may want to

do this if they believe they did not break the law and should not have gotten a fine) do nothing. The registrar will make an order without Raymond being there. This order will come as a letter

telling Raymond that he has an unpaid fine and ordering him to pay the full amount of the fine by the date listed on the order.

Raymond will have a chance to respond to the notice. We see in Activity 3 that Raymond’s dad can help Raymond pay for the fine. Other young people from families without as much money may want to respond to the registrar explaining their money challenges. The CAYPINS registrar decides whether Raymond should pay the whole fine or a smaller amount. Sometimes a registrar may decide that the fine should be waived. It is rare that a registrar will totally drop a fine but reducing the amount does happen.

Having an intellectual disability is a circumstance the registrar will consider in reducing or dropping the fine totally. The registrar will look at every matter on a case-by-case basis.

If Raymond did not make an ordered payment or fell behind on payments, then after one month of non-payment the Children’s Court can ask Raymond to come to court for an ‘enforcement hearing’. At court, a duty lawyer may be able to help him by speaking for him in the courtroom. The court could take Raymond’s things to pay the fine but in reality young people do not have assets that can be taken. The court may do nothing.

For more information about CAYPINS, see the Children’s Court (www.childrenscourt.vic.gov.au/jurisdictions/infringements-and-fines) website.


http://www.childrenscourt.vic.gov.au/jurisdictions/infringements-and-fines

http://www.childrenscourt.vic.gov.au/jurisdictions/infringements-and-fines

M1: Fines

So could Raymond end up paying nothing or a reduced fine even though he knowingly broke the law?

The short answer is ‘Yes’. The legal system for children – people under 18 – is not as harsh as the system for people 18 and over.

It is rare that the Children’s Court will punish a young person by getting the Sheriff to come and take away the young person’s assets (to sell at public auction) – young people do not tend to own valuable things.

This does not mean that Raymond would have no consequences for his actions. The experience of getting the fine, contacting service providers, confronting parents and interacting with the court can be stressful. It is not an easy ride. There is still work involved. And as soon as a young person turns 18, the system becomes harsher.

Disagreeing with the fine

In Activity 2 we see that Raymond understood that he needed to have money on his myki (i.e. have a valid fare). He chose not to top up. In the scenario with Raymond it was clear that he knew he was doing something wrong.

Sometimes a young person may think that they did not break the law and that they should not have gotten the fine. This is not about saying the law is unfair or that you did not know the exact details of the law. It is about believing that you did not break the law at all. Or the young person may believe there were certain things that led to them breaking the law. They have the right to take actions to try to argue against paying the fine. For example, the department has internal review processes.

Arguing against a fine can be hard. If you have a student in this situation, they should get legal advice. They can call Victoria Legal Aid or the Federation of Community Legal Centres. See page 22 and 23 for contact details.


M1: Fines

Activity 2 – What was the problem here?About this activity

What was the problem here? What does the law say?


Read Raymond’s speech bubbles to see what he was thinking at three key moments in the film. Read what lawyer, Anoushka, says about the legal problems. Do a quiz at the end.

Interacting with this activityIn the module, you will click on the speech bubbles to move through the activity.

Discussion and answersWhat was the problem here?

Moment 1: Raymond walks past the myki machine

RAYMOND: I’m only going a few stops. I’ll put money on my myki later when I get home. I’m not breaking the law right?

Moment 2: Authorised officers check Raymond’s myki and take down his details

RAYMOND: This is so unfair. I didn’t have a chance to put money on my myki and I was just going a few stops. They always come up to me before they go to anyone else.

Moment 3: Raymond has gotten a fine

RAYMOND: I won’t pay it. Nothing will happen. They can just send me another one if they want.

Discussion questions

You might want to lead the discussion with these questions as the students move through these screens:

What was Raymond feeling? What tells us this? Why did Raymond feel this way? What might have made it hard for Raymond to say out loud what he was thinking?


M1: Fines

Have you ever been in a situation where it was hard to know what you were feeling?


M1: Fines

Have you ever been in a situation where it was hard to say what you were feeling to someone else? Do you think there is a legal problem here? Think back to the ‘What do these words mean?’ activity.

What does the law say?

ANOUSHKA: Raymond didn’t think it’d be a big deal if he travelled on the train without any money on his myki. He felt angry when the Authorised Officers came up to him. Later, Raymond got a fine. Instead of thinking about what to do with the fine, he threw it in the bin.

Raymond has a legal problem here. The law says that when anyone travels on public transport in Victoria they need to have a ‘valid ticket’.

A valid ticket means having a myki, having enough money on it and making sure you’ve touched on. Authorised Officers have the power to check if you have done these things. If you haven’t, the Authorised Officer can make a report and send this to the Department of Transport. The department can then send you a fine. A fine is a punishment – you have to pay money for breaking the law.

Raymond said he feels like the Authorised Officers always come to him first. The Authorised Officer has the right to check your myki, and to ask for your name and address. You must give it to them. If they need to, the Authorised Officer can hold onto you but they cannot do this too roughly. If the Authorised Officers had grabbed Raymond too roughly, Raymond should talk to a lawyer.

In some cases, a young person might not have to pay their fine. This might be because they did not break the law, there were certain circumstances that led to them breaking the law or because they do not have any money to pay. The young person should speak to a lawyer if they think this might apply to them.


You might want to lead the discussion with these questions:

Think back to the discussion we had on the law in the ‘What do these words mean?’ activity. How did Raymond break the law? What is a fine? What can Authorised Officers do?

What sort of legal words did you hear the lawyer use? What do they mean? If the Authorised Officers did treat Raymond badly or too roughly, where could Raymond go for help?

Legal answers

Refer back to pages 13 to 17 for legal answers about myki, Authorised Officers and fines.

Time for a quiz

When you are travelling on public transport you must:

a) have a myki, make sure you have enough money on it for your trip and touch on

b) have a myki but only put on money when you feel like it

c) touch on your myki every now and then and just hope that no Authorised Officers are around.

The answer is a.

Legal answers

Refer back to pages 13 to 17 for legal answers about myki and Authorised Officers.


M1: Fines

Activity 3 – What can Raymond do now?About this activity

What can Raymond do now? What can Raymond do if he What could Raymond does not pay his fine on time? have done differently?


Listen to where Raymond went for help. Listen to what Raymond does now if he had not paid his fine. Listen to what Raymond could have done differently. Read the names and numbers of places your students could go for help, if they were in trouble.

The activity covers a few options that Raymond chose to follow up for help. These are not the only options.

Interacting with this activityIn the module, you will click on the audio button to listen. Use the NEXT button to move through the activity.

Discussion and answersWhat can Raymond do now?

Talk to a parent

RAYMOND: So I could keep on playing computer games. But I thought I should talk to my dad and see if he can help me figure out what to do about this fine I had gotten. My dad said I should check the letter for how to pay the fine off and when I needed to pay it by – yeah that meant I had to get the fine out of the bin. A bit gross, but it had to be done! Then my dad said he’d help me pay the fine in time but for the next three months he’ll give me less pocket money. He also said I should speak to someone who knows the law. I might get more help from them too.

Pay the fine

RAYMOND: The letter was a bit scrunched up from being in the bin – woops. But I could still read it, so I checked what it said about how to pay and when I need to pay the fine by. There was a deadline but I still had time. One way to pay the fine is through the Fines website. You go to a page that’s about paying your fines off, and then you can pay through the website. My dad used his credit card. I’ll be getting less pocket money now to pay him back.


M1: Fines


You might want to lead discussion with these questions:

Where did Raymond go for help? What feelings did Raymond have when he went to get help? What tells us this? What made it hard for him to reach out for help? What might make it easier for him to reach out for help? If you had to speak to one of your parents because you were in trouble or worried about something, who

would you talk to? How would you go about it? Before you call an organisation, what sort of questions could you write down to help you with the

phone call? Raymond mentions the Fines website. Have you ever heard of this or seen it?

Legal answers

For the last question, see the Victorian Government Fines (https://online.fines.vic.gov.au/) website.

What can Raymond do now? (if he didn’t pay his fine on time)

Raymond: Because I hadn’t paid the fine, I got a letter about it about two months later. And then another one. The letters were telling me to pay, and I knew I should pay the fine but it was like I was frozen or scared, so I did nothing. I know it’s stupid but that’s how I felt. Finally I read the letters again and then I called legal aid to help me work out what I could do. The main thing legal aid said was to pay the fine as soon as I could and that I should read the last letter carefully to see what the deadline was for taking action to pay. I could even ask for more time to pay. If I still didn’t pay, then the fine would go to court. The person on the phone said not to freak out though. If it does get to that stage, then I can go to court and talk to the people there. I can ask for more time to pay. But the best thing to do right now was to read the last letter and take some action to pay off the fine.


You might want to lead the discussion with these questions:

Where did Raymond go for help? What feelings did Raymond have when he went to get help? What tells us this? Raymond mentions that he can go to court and talk to the people there. What does this mean? Who would

he talk to?

Legal answers

For the last question, for more information on young people and unpaid fines, see pages 15 to 17. Note that if Raymond is asked to go to court, he should turn up.

It should also be noted that in the scenario where Raymond did not pay his fine on time, when he called Victoria Legal Aid, it is likely that he may speak to several people in the same phone call. Victoria Legal Aid has specialist youth lawyers. The telephone staff who take the initial call may provide some legal information and then refer the young person to a specialist lawyer. The lawyer would ask questions of Raymond about whether he has the money to pay.

What could Raymond have done differently?

RAYMOND: What was going to be worse? Me walking for 40 minutes? Or me getting a fine because I jumped on the train without touching on. I could walk. Or get off my butt and keep my myki topped up.




M1: Fines


You might want to lead discussion with the question:

What does Raymond think that he could have done differently?

More about the organisations mentioned in the activityVictoria Legal Aid

In the activity, we see that Raymond called the Legal Help phone-line. Legal Help is the entry point to all Victoria Legal Aid services. Legal Help provides free legal information, advice and referrals over the phone. If a young person calls Legal Help and has an unpaid fine, like Raymond does, they can get legal advice about what to do. If Raymond goes to court, he could also get help from a duty lawyer. Duty lawyers would make sure to help a young person with a mild intellectual disability, if the young person disclosed this. They could help by talking to the registrar if the fine is at the earlier court stages or they could help by going into the courtroom and speaking for the young person if the fine was at the enforcement hearing stage. Legal Help staff speak a wide range of languages.

Victoria Legal Aid can help people with legal problems about criminal matters, family breakdown, child protection, family violence, child support, immigration, social security, mental health, discrimination, guardianship and administration, tenancy and debt.

Victoria Legal Aid provides:

free legal information and referrals legal advice minor assistance to help people negotiate, write letters, draft documents or prepare to represent

themselves in court grants of legal aid to pay for legal representation by a lawyer in private practice or a Victoria Legal Aid

staff lawyer.

Tel: Legal Help on 1300 792 387

Website: Victoria Legal Aid (www.legalaid.vic.gov.au) for legal information and Legal Help live web chat

Other organisations that can help – legalFederation of Community Legal Centres

This is the peak body for community legal centres in Victoria. The Federation can refer callers to the relevant community legal centre. They might ask where you live or study, and what the nature of your legal problem is, to work out which centre is most relevant.

Tel: (03) 9652 1500

Website: Federation of Community Legal Centres (www.fclc.org.au)

Villamanta Disability Rights Legal Service

A community legal centre for people with intellectual disabilities.

Tel: (03) 5229 3338

Website: Villamanta Disability Rights Legal Service (www.villamanta.org.au)


http://www.villamanta.org.au/

http://www.villamanta.org.au/

http://www.fclc.org.au/

http://www.fclc.org.au/



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Youthlaw

A community legal centre for people aged under 25.

Tel: (03) 9611 2412

Website: Youthlaw (http://youthlaw.asn.au)

Other organisations that can help – court Children’s Court of Victoria

The Children's Court of Victoria is a specialist court that deals with young people. It has a Family Division (deals with things like child protection matters) and a Criminal Division (deals with things like traffic offences and fines through CAYPINS).

The Children's Court has locations throughout metropolitan Melbourne and country Victoria.

The Children’s Court has publications and information online, including a virtual court tour. See the Children’s Court (www.childrenscourt.vic.gov.au) website.

Other organisations that can help – discrimination and complaintsAustralian Human Rights and Equal Opportunity Commission

More information on making a complaint to do with discrimination.

Website: Australian Human Rights and Equal Opportunity Commission (www.humanrights.gov.au/)

Public Transport Ombudsman

The Public Transport Ombudsman is an independent dispute resolution body providing a free service for the resolution of complaints about public transport in Victoria.

Tel: 1800 466 865

Website: Public Transport Ombudsman (www.ptovic.com.au/)

Victorian Equal Opportunity and Human Rights Commission

More information on making a complaint to do with discrimination.

Website: Victorian Equal Opportunity and Human Rights Commission (www.humanrightscommission.vic.gov.au/)


http://www.humanrightscommission.vic.gov.au/

http://www.humanrightscommission.vic.gov.au/

http://www.ptovic.com.au/

http://www.ptovic.com.au/

http://www.humanrights.gov.au/

http://www.humanrights.gov.au/

http://www.childrenscourt.vic.gov.au/

http://youthlaw.asn.au/

http://youthlaw.asn.au/

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Extra legal informationYou may find this information useful in giving you a broader legal context.

OffenceThe government makes a wide range of laws. Criminal laws try to stop people from doing things such as:

harming other people or putting other people in danger interfering with the wellbeing of others or with good public order damaging property or taking property that does not belong to them acting dishonestly (including travelling on public transport without a valid ticket).

It is against the law to break these laws. You can get into serious trouble. It is not an excuse to say that you did not know you were breaking the law.

Public transport offencesIn the Fines film we saw that Raymond committed the offence of travelling on public transport without a valid fare. There are many other types of public transport offences. Some of these other offences are dealt with directly by court rather than by a fine.

In the below table we describe some of the more common public transport offences which might be relevant to your students. In the right-hand column we talk about penalties. For fines, we talk in penalty units. The value of a penalty unit goes up every year. As at 1 July 2019, one penalty unit was $165.22.

Offence What could happen

Failure to give name and address

This offence means that an Authorised Officer or a police officer asked a passenger to give their name and address and the passenger failed or refused to do so.

An Authorised Officer can ask for a passenger’s name and address if the Authorised Officer reasonably believes that the passenger has committed or is about to commit an offence on public transport. For example, not having a valid myki.

Under 18

The officer can ask the young person for the number of a parent or friend so they can check the young person’s identity and birth date. The young person can get an infringement notice of 0.5 penalty units if they refuse to give the name of someone who can verify their details.

The young person could get a fine of 0.5 penalty units for refusing to give their name and address. They could also be fined 0.5 penalty units if they give false details.

The maximum penalty is five penalty units if the young person is taken to court. It is unlikely this will happen unless they are charged with other offences as well.

18 and over

The passenger could get a fine of about 1.5 penalty units or if they go to court and are found guilty, they could get fined up to five penalty units.


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Failure to produce valid concession card

This offence means that the passenger was travelling on public transport and using a concession fare but they did not have or refused to show an appropriate concession card.

Under 18

The young person could get a fine of 0.5 penalty units or up to five penalty units if the matter is taken to court. It is unlikely this will happen unless they are charged with other offences as well.

If a young person is taken to court and charged with multiple offences, they can only be fined up to 10 penalty units for all offences.

18 and over


Placing feet on furniture

This offence means that the passenger placed their feet on the seat or another part of the train, tram or bus other than the floor.

Under 18


18 and over


Smoking on public transport

This offence means that the passenger was smoking in a train, tram or bus or smoking anywhere in a train station, bus shelter or tram stop.

Under 18


18 and over



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Use of prohibited language or behaviour on public transport

This offence means that while the passenger was using public transport they used language that was indecent, obscene, offensive or threatening, or behaved in an indecent, obscene, offensive, threatening, disorderly or riotous manner.

Under 18


18 and over

The passenger could get a fine of about two penalty units or if they go to court and are found guilty, they could get fined up to 10 penalty units.

Police The police have various powers. They can:

investigate alleged crimes search people and their property, in certain situations arrest people they believe have broken the law interview suspects and witnesses take statements from victims of crime charge people that they believe have broken the law go to court to give their version of events.

Your students may see police officers working at train stations. A police officer can ask to see a person’s myki card and concession card. They can get an Authorised Officer to check a person’s myki card with the myki reader equipment.

When a police officer has a reasonable belief that a young person has committed an offence and questions them, the young person must give their name and address. It is a criminal offence not to.

After giving their correct name and address, the young person has the right to remain silent and say ‘No comment’ to all questions. Anything they do say can be used as evidence.

Find out more information about young people and their rights with police officers. See:

Smart Justice (www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php) Youthlaw fact sheets (http://youthlaw.asn.au/learn-about-the-law/)

Protective Services OfficerProtective Services Officers (PSOs) work at train stations and surrounding areas of train stations. They have similar powers to police. For example, a PSO can arrest or detain a person. However, PSOs only have their powers within or around the public transport areas.

PSOs can ask to see a passenger’s myki card and concession card. They can get an Authorised Officer to check the myki card with the myki reader equipment.

A PSO might ask a passenger for their date of birth. The passenger does not have to tell the PSO their date of birth. If this happens to a young person, it might be a good idea for the young person to tell the PSO they are under 18. If the PSO arrests the young person, then the PSO will know that the young person has extra legal rights.


http://youthlaw.asn.au/learn-about-the-law/


http://www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php


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If a PSO speaks to a young person, the young person has the right to say ‘No comment’ to all questions except when the PSO wants to know the young person’s name and address. The young person must give the correct name and address. But for all other questions, the young person can say ‘No comment’ until they get legal advice. Call Victoria Legal Aid. See page 23 for contact details.

You can find out more information about young people and their rights with PSOs at the Smart Justice website. See Smart Justice (www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php)



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Extra resourcesThese resources may support your teaching. Please note that these are not written for people with a mild intellectual disability. You may want to read them first before ordering copies for students.

Legal organisationsVictoria Legal Aid

Publications

These publications are free. Delivery takes about three to five working days. Order online at Victoria Legal Aid publications and resources (www.legalaid.vic.gov.au/find-legal-answers/all-publications-and-resources)

Am I old enough?Booklet for young people about what the law will or will not let them do.

FinesBrochure about options for dealing with fines. Note that the publication talks about the adult court system for dealing with fines.

Legal Help card A wallet-card-sized brochure about Victoria Legal Aid’s services. In English and 25 languages.

Website

Our website has information on fines. See Victoria Legal Aid (www.legalaid.vic.gov.au)




http://www.legalaid.vic.gov.au/find-legal-answers/all-publications-and-resources



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Other legal organisationsSmart Justice

Information about young people and their rights with authority figures produced by the Smart Justice coalition. See Smart Justice (www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php)

The Law Handbook website

This is a comprehensive legal information website produced by Fitzroy Legal Service. See The Law Handbook (www.lawhandbook.org.au/contents/)

Youthlaw

Youthlaw has a variety of resources. See:

Youthlaw fact sheets (http://youthlaw.asn.au/learn-about-the-law/) Street Smart (www.streetsmartvic.com.au/) website

Non-legal organisationsMetro Trains

Metro Trains operates Melbourne’s train network. They have a Community Education unit that can run sessions in your school. See Metro Trains (www.metrotrains.com.au/community-education-unit/)


http://www.metrotrains.com.au/community-education-unit/

http://www.metrotrains.com.au/community-education-unit/

http://www.streetsmartvic.com.au/

http://www.streetsmartvic.com.au/



http://www.lawhandbook.org.au/contents/

http://www.lawhandbook.org.au/contents/


LTL Fines teachers' resource - legalaid.vic.gov.au · Web viewPlease ring us on (03) 9269 0234...

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Transcript of LTL Fines teachers' resource - legalaid.vic.gov.au · Web viewPlease ring us on (03) 9269 0234...