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Thousands of fines questioned after admin error by Fines Enforcement and Recovery Unit

THOUSANDS of fines collected by a government unit are under question after an administrative bungle was uncovered.

What should you do before paying a parking fine?

THOUSANDS of fines collected by a government unit are under question after an administrative bungle was uncovered.

The State Government is now moving to change the law to clarify the way unpaid fines should be enforced — before a court hands down a decision in the case that brought the problem to light.

The new law would also give more power to the Government’s Fines Enforcement and Recovery Unit, despite its apparent mismanagement under the current law.

New powers would enable the unit to seize licence plates of serial fine dodgers, and collect debts owed by individuals or companies to government, outside of unpaid fines. This could include ambulance or school fees.

The fines bungle was revealed during a Supreme Court case brought by an Adelaide man who challenged an unpaid parking ticket.

Any organisation that asks the government unit to recoup an unpaid fine — such as a local council — must issue a certificate to the unit with details of the person involved, the value of the fine and other details.

However, it appears this has not been happening in most cases since the unit began operating in 2014. This has called into question the enforcement of thousands of debts.

The Supreme Court is yet to issue a final determination.

Attorney-General John Rau said the new Bill would address “a potential issue raised” in that case.

He said the Bill “clarifies the existing electronic practices” between authorities issuing a fine and the recovery unit, but it would not apply retrospectively to previous cases.

Opposition Deputy Leader Vickie Chapman said the failure to follow the required process could mean people “have been unfairly denied the opportunity to challenge” a fine enforcement order in court.

Ms Chapman accused the Government of “just hoping they’ll get away with it”.

Mr Rau said the Bill had been open for public consultation and there was “no attempt to conceal or rush” it.

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Original URL: https://www.adelaidenow.com.au/news/south-australia/thousands-of-fines-questioned-after-admin-error-by-fines-enforcement-and-recovery-unit/news-story/247c63d55b8c54eabeb2ded835e996f8