'It's All About the Benjamins': Infringement Notices and Young People in New South Wales
(2017) Alternative Law Journal, 42(4): 253-260
21 Pages Posted: 18 Jan 2018 Last revised: 13 Jul 2018
Date Written: November 27, 2017
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
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