Penalties and Sentences Act 1992

A court or proper officer of the court may make a fine option order for an offender only if the court or proper officer is satisfied that—

the offender is unable to pay the fine in accordance with the original order or, if the offender were to pay the fine in accordance with the original order, the offender or the offender’s family would suffer economic hardship; and

the offender is a suitable person to perform community service under a fine option order.

The fact that an offender’s only source of income is a social security or veteran’s pension, benefit or allowance from the Commonwealth is a ground on which a court may be satisfied that the offender or the offender’s family would suffer economic hardship if the offender were to pay the fine in accordance with the original order.

In considering an application for a fine option order, a court or proper officer of the court must have regard to the principle that an offender should not be considered to be unsuitable to perform community service merely because of—

any physical, intellectual or psychiatric disability of the offender; or

the offender’s sex, educational level or religious beliefs.

Subsection (1B) does not limit the matters to which the court or proper officer of the court may have regard.

A court or proper officer of the court may adjourn the application for the purpose of obtaining any information, notification or report from an authorised corrective services officer for the purposes of subsection (1).

An authorised corrective services officer must not, in any information, notification or report, recommend that a fine option order or community based order should not be made for an offender merely because of—

any physical, intellectual or psychiatric disability of the offender; or

the offender’s sex, educational level or religious beliefs.

Subject to section 58, the proper officer of the court may consider an application for a fine option order only if the offender has not previously made an application under this division in relation to the original order.