'It's All About the Benjamins': Infringement Notices and Young People in New South Wales

(2017) Alternative Law Journal, 42(4): 253-260

UNSW Law Research Paper No. 18-9

21 Pages Posted: 18 Jan 2018 Last revised: 13 Jul 2018

See all articles by David Bentley Brown

David Bentley Brown

University of New South Wales (UNSW) - Faculty of Law

Chris Cunneen

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney; University of New South Wales, School of Social Sciences; James Cook University - Cairns Campus

Sophie Russell

University of New South Wales (UNSW) - School of Social Sciences

Date Written: November 27, 2017

Abstract

This article provides a brief analysis of the place, role and purpose of monetary penalties and their theoretical underpinnings. Against this critique of financial penalties and the revenue (‘the Benjamins’) that flows from penalty infringement notices, the article examines the six-fold growth in penalty infringement notices issued to children and young people in NSW between 1998 and 2013. It outlines the disproportionate impact of monetary penalties on them and the increasing displacement of diversionary options, raising questions about the appropriateness of issuing infringement notices to children and young people. This article also addresses positive developments in relation to children and young people, including the introduction of Work and Development Orders (WDOs) in NSW.

Keywords: infringement notices, financial penalties, children and young people, juvenile justice, disproportionate impact on diversionary options

Suggested Citation

Brown, David Bentley and Cunneen, Chris and Russell, Sophie, 'It's All About the Benjamins': Infringement Notices and Young People in New South Wales (November 27, 2017). (2017) Alternative Law Journal, 42(4): 253-260; UNSW Law Research Paper No. 18-9. Available at SSRN: https://ssrn.com/abstract=3099195

David Bentley Brown (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Sydney, NSW 2052
Australia
+61 2 9385 2262 (Phone)
+61 2 9385 1175 (Fax)

Chris Cunneen

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney ( email )

15 Broadway, Ultimo
PO Box 123
Sydney, NSW 2007
Australia

University of New South Wales, School of Social Sciences ( email )

Kensington, New South Wales 2052
Australia

James Cook University - Cairns Campus ( email )

PO Box 6811
Cairns, Queensland 4870
Australia

Sophie Russell

University of New South Wales (UNSW) - School of Social Sciences ( email )

Sydney, NSW 2052
Australia

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