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This is informational and not legal advice.
Generally, debts can be put into two categories.
First, there are private debts (e.g. from a bank, a landlord, a car dealer, or ‘Afterpay’).
Second, there are debts owed to the State (e.g. unpaid fines).
When it comes to private debts, it’s important to know who you need to pay, and how much you owe.
You can ask for an account of your debts by contacting agencies such as ‘Equifax’ (PO Box 964, North Sydney NSW 2059).
In Queensland, debts are unable to be recovered after 6 years.
Importantly, the National Credit Code (NCC) is a useful tool.
Under the NCC, lenders can be charged if they do not do certain things once a borrower says they are in financial hardship.
If you tell a lender that you are in financial hardship, the lender must:
If the lender doesn’t respond, or is unfair, you can complain to the Australian Finance Complaints Authority (AFCA) at (Australian Financial Complaints Authority Limited, GPO Box 3, Melbourne, VIC 3001).
Or, you can go to the Federal Court and ask a judge to change the terms of the loan.
The National Credit Code applies everywhere in Australia and can be found in Schedule 1 of the National Consumer Credit Protection Act.
Debts from unpaid fines are different.
In some jurisdictions including Queensland, you can you apply for work or alternative activities to count as payment of a fine debt under a Work Development Order (WDO).
You can also apply for a fine to be waived.
Each state will take into account different circumstances when deciding whether to waive your fine.
While it is important to look at the law that applies where you live, fines might be waived because of:
To get a fine waived, you will need to write to the issuing agency and explain the reasons why you can’t pay.
Financial Counsellors can help you with debts. Ask if your prison offers financial counselling.
Generally, debts can be put into two categories.
First, there are private debts (e.g. from a bank, a landlord, a car dealer, or ‘Afterpay’).
Second, there are debts owed to the State (e.g. unpaid fines).
When it comes to private debts, it’s important to know who you need to pay, and how much you owe.
You can ask for an account of your debts by contacting agencies such as ‘Equifax’ (PO Box 964, North Sydney NSW 2059).
In Queensland, debts are unable to be recovered after 6 years.
Importantly, the National Credit Code (NCC) is a useful tool.
Under the NCC, lenders can be charged if they do not do certain things once a borrower says they are in financial hardship.
If you tell a lender that you are in financial hardship, the lender must:
If the lender doesn’t respond, or is unfair, you can complain to the Australian Finance Complaints Authority (AFCA) at (Australian Financial Complaints Authority Limited, GPO Box 3, Melbourne, VIC 3001).
Or, you can go to the Federal Court and ask a judge to change the terms of the loan.
The National Credit Code applies everywhere in Australia and can be found in Schedule 1 of the National Consumer Credit Protection Act.
Debts from unpaid fines are different.
In some jurisdictions including Queensland, you can you apply for work or alternative activities to count as payment of a fine debt under a Work Development Order (WDO).
You can also apply for a fine to be waived.
Each state will take into account different circumstances when deciding whether to waive your fine.
While it is important to look at the law that applies where you live, fines might be waived because of:
To get a fine waived, you will need to write to the issuing agency and explain the reasons why you can’t pay.
Financial Counsellors can help you with debts. Ask if your prison offers financial counselling.
Would I be forced to drop my appeal just to get to minimum security? Is this fair? My parole is due November 12 but I can’t see how I can get it.
The Ombudsman is an independent organisation that oversees complaints against government decisions and actions. Each state/territory has their own Ombudsman. The Ombudsman responds to a complaint by investigating from both sides what has happened and why.
I am a first-time inmate in a Victorian prison and I am trying to obtain some accurate information with regards to my debts.
A parole order will include general and specific conditions. These include getting approval from the relevant authority for any travel interstate, or overseas.
The concern for those who are subjected to government decisions is that they often do not get to see the integrity of the information which was considered by the decision-maker and don’t get to check if it’s correct.
One of the most important aspects of self-advocacy in prison is to understand the rights of prisoners and the limitations of power of prison authorities.
New laws mean that immigration detention officers can now confiscate things like mobile phones, iPads and laptops, which were previously allowed in detention centres. If you’re facing time in immigration detention at the end of your sentence, this article gives some practical tips to prepare for the new rules before you go.
The criminal justice system deals with proof, not truth. The police and Crown present allegations; the defence rebuts them; the jury decides whether the Crown has met the required standard of proof. “Truth” and “innocence” are not part of the legal equation.
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