Victorian Numbered Acts Victorian Numbered ActsAfter Division 3 of Part 2 of the Infringements Act 2006 insert —
A work and development permit is a permit issued by the Director to an eligible person that enables the eligible person to expiate any infringement offence without payment of any outstanding infringement penalty together with any prescribed costs by—
(a) participating in unpaid work under the supervision of an accredited agency; or
(b) completing a suitable course including educational, vocational or life skills courses; or
(c) undergoing treatment given by an accredited health practitioner; or
(d) receiving financial or other types of counselling; or
(e) in the case of an eligible person under the age of 25 years, participating in a mentoring program.
(1) Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Director for a work and development permit on behalf of that eligible person.
(2) An application under subsection (1) may be made at any time before any infringement penalty in respect of an infringement offence is registered with the Director under the Fines Reform Act 2014 .
(3) An application under subsection (1) must specify—
(a) the name and address of the eligible person; and
(b) as appropriate—
(i) the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or
(ii) the accredited health practitioner making the application; and
(c) the grounds for requesting the work and development permit including each infringement offence and infringement penalty to which the work and development permit will relate; and
(d) if the eligible person has multiple outstanding infringement penalties, those infringement penalties; and
(e) the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and
(f) a proposed time for the completion of those activities.
(4) If an application is made under this section, any enforcement action against the eligible person is suspended in respect of all outstanding infringement penalties under the work and development permit until the Director makes a decision under section 27C.
The Director may approve an application for a work and development permit made under section 27A if the Director is satisfied that the application is in respect of an eligible person.
(1) If a work and development permit is approved under section 27C, further action under this Act or enforcement action under the Fines Reform Act 2014 against the eligible person in respect of the infringement penalty is suspended until—
(a) the eligible person completes the work and development permit; or
(b) the work and development permit is cancelled.
(2) If a person who is subject to a work and development permit completes the work and development permit, any infringement penalty and any prescribed costs to which the work and development permit relates are satisfied to the extent set out in the permit.
(3) If a work and development permit is cancelled or partially completed, the enforcement agency may—
(a) take action under this Act to recover any outstanding amount of the infringement penalty and any prescribed costs; or
(b) if appropriate, take enforcement action under the Fines Reform Act 2014 by registering the infringement fine under that Act.
(4) If a work and development permit is partially completed, the Director must ensure that the amount of the outstanding infringement penalty and any prescribed costs owed by the eligible person are reduced to reflect the extent of the partial completion of the permit.
(1) The Director may vary or cancel a work and development permit—
(a) on the request of a person specified in subsection (2); or
(b) on the Director's own motion.
(2) A request under subsection (1) may be made by—
(a) the person who is subject to the work and development permit or another person on that person's behalf; or
(b) the accredited agency or accredited health practitioner supervising the activity, course or treatment.
(1) An organisation that meets the criteria specified in the work and development permit guidelines as an appropriate organisation for accreditation may apply to the Director to become an accredited agency.
(2) An application under subsection (1) must—
(a) be made in accordance with the work and development permit guidelines; and
(b) include the prescribed particulars (if any).
(3) The Director may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit if the Director is satisfied the organisation's application is made in accordance with—
(a) the work and development permit guidelines; and
(b) any regulations.
(4) An accreditation issued under this section is subject to—
(a) any conditions specified in the accreditation; or
(b) any prescribed conditions.
(1) A qualified health practitioner may apply to the Director to become an accredited health practitioner.
(2) An application under subsection (1) must—
(a) be made in accordance with the work and development permit guidelines; and
(b) include the prescribed particulars (if any).
(3) The Director may accredit a health practitioner to provide treatment to, and to supervise the treatment of, an eligible person under a work and development permit if the Director is satisfied—
(a) that the health practitioner is registered and qualified to provide the kind of treatment likely to be given to an eligible person under any work and development permit being supervised by the health practitioner; and
(b) the health practitioner's application is made in accordance with—
(i) the work and development permit guidelines; and
(ii) any regulations.
(4) An accreditation issued under this section is subject to—
(a) any conditions specified in the accreditation; or
(b) any prescribed conditions.
The Director may monitor an accredited agency or accredited health practitioner to ensure the accredited agency or accredited health practitioner is—
(a) keeping all relevant records in accordance with section 27I; and
(b) complying with any conditions of accreditation to which the accredited agency or accredited health practitioner is subject; and
(c) complying with any requirements under this Act, the regulations or the work and development permit guidelines.
(1) An accredited agency or accredited health practitioner must—
(a) keep a record of all relevant information relating to—
(i) any work and development permit for which the accredited agency or accredited health practitioner is responsible; and
(ii) the accreditation of the accredited agency or accredited health practitioner including all evidence demonstrating that the accredited agency or accredited health practitioner meets all necessary requirements for accreditation; and
(b) keep any prescribed information.
(2) The Director may request an accredited agency or accredited health practitioner to give the Director any information required to be maintained under subsection (1).
(3) An accredited agency or accredited health practitioner must comply with a request made under subsection (2).
(1) The Director may revoke the accreditation of an accredited agency or accredited health practitioner if—
(a) the accredited agency or accredited health practitioner fails to comply with section 27I(3); or
(b) the Director otherwise considers it necessary to do so.
(2) An accredited agency may surrender its accreditation at any time by written notification to the Director.
(3) An accredited health practitioner may surrender the practitioner's accreditation at any time by written notification to the Director.
(4) If an accreditation is revoked or surrendered in accordance with this section, the Director must advise any person who is subject to a work and development permit that was being supervised—
(a) by an organisation, that the organisation has had its accreditation revoked or has surrendered its accreditation to the Director; or
(b) by a health practitioner, that the health practitioner has had the practitioner's accreditation revoked or has surrendered the practitioner's accreditation to the Director.
(1) For the purposes of this Division, the Attorney-General must make guidelines specifying—
(a) the circumstances of a person who has been served with an infringement notice that must be established to satisfy the acute financial hardship test; and
(b) the work-off rates for satisfaction or part satisfaction of an infringement penalty; and
(c) the criteria that makes an organisation an appropriate organisation for accreditation for the purposes of supervising and supporting eligible persons under a work and development permit; and
(d) the information and any documents required to be included in any application to become an accredited organisation or accredited health practitioner; and
(e) the details to be included in any proposed work and development permit to be approved by the Director; and
(f) any other matter the Attorney-General considers appropriate for the inclusion in the guidelines.
(2) The Attorney-General—
(a) must cause the work and development permit guidelines to be published in the Government Gazette; and
(b) may publish the work and development permit guidelines on the Internet.
(3) The work and development permit guidelines take effect—
(a) on the date of publication in the Government Gazette; or
(b) on a later date specified in the guidelines.
(1) The State of Victoria is not liable for any loss or damage sustained by any person that is caused by an act or omission of a person who is subject to a work and development permit in the carrying out of any activity under that permit.
(2) Nothing in this section affects any right of action the State of Victoria may have against a person who is subject to a work and development permit for the damage or loss.".