QUEENSLAND TREASURY
Work and Development Order
Consultation Paper
10 June 2016
Work and Development Order Consultation Paper
© The State of Queensland (Queensland Treasury) 2015
This document is licensed under a Creative Commons Attribution (CC BY 4.0)
International licence.
To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/
Attribution:
Content from the Work and Development Order Consultation Paper should be attributed
to:
The State of Queensland (Queensland Treasury) Work and Development Order
Consultation Paper.
Translating and interpreting assistance
The Queensland Government supports and encourages the dissemination and exchange
of information. However, copyright protects this publication. The State of Queensland has
no objection to this material being reproduced, made available online or electronically but
only if it is recognised as the owner of the copyright and this material remains unaltered.
State Penalties Enforcement Registry (SPER)
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
Contents
1.0
Executive summary .................................................................................. 1
2.0
Background .............................................................................................. 2
2.1
What are the key features of the NSW WDO scheme? ................................................................................ 3
2.2
What has been NSW’s experience with WDOs? .......................................................................................... 4
3.0
Guiding principles in developing a WDO Scheme ................................. 5
4.0
Purpose of this paper ............................................................................... 5
5.0
Who is eligible to apply?.......................................................................... 6
5.1
Overview........................................................................................................................................................ 6
5.2
Eligibility Criteria ............................................................................................................................................ 6
5.3
Application process ....................................................................................................................................... 9
6.0
How does the scheme work? ................................................................ 11
6.1
Overview...................................................................................................................................................... 11
6.2
Sponsor requirements under a WDO .......................................................................................................... 11
6.3
Sponsorship can include direct service provision as well as referral services ............................................ 12
6.4
What is in a WDO? ...................................................................................................................................... 12
6.5
What types of fines can be worked off through a WDO? ............................................................................ 13
6.6
Rates at which outstanding fines can be retired (cut-out rate) .................................................................... 13
7.0
When could such a scheme be introduced into Queensland? ........... 16
7.1
Indicative timelines/Key dependencies ....................................................................................................... 16
7.2
Critical success factors ................................................................................................................................ 17
8.0
Staged implementation approach ......................................................... 18
State Penalties Enforcement Registry (SPER)
i
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
1.0
Executive summary
In February 2016, the Queensland Government supported the continued implementation of a significant
Improvement Program for the State Penalties Enforcement Registry (SPER), within the Office of State Revenue.
As part of this program, SPER acknowledges the need for an improved approach to the management of individuals
experiencing hardship. It is considering a wider range of non-monetary options to deal with genuine hardship and
changes to service delivery that will result in better support for individuals experiencing hardship.
In developing its hardship response, SPER is investigating the possible development and implementation of a
scheme similar to the Work and Development Order (WDO) scheme in New South Wales (NSW) that has been
operating successfully since 2009.
The proposed Queensland scheme would allow for a wider range of debt discharge options for people who are
experiencing hardship. As per the NSW scheme, hardship is defined to include individuals who are experiencing
mental illness, cognitive impairment, homelessness, serious addiction, or acute financial hardship.
Activities available under the proposed WDO to retire existing debts include:

Unpaid work for, or on behalf of an approved organisation;

Medical or mental health treatment in accordance with a health practitioner’s treatment plan;

Educational, vocational or life skills course;

Financial or other counselling;

Drug or alcohol treatment; and/or

A mentoring program (for under 25s).
The success of the scheme would rely heavily on an extensive network of service organisations that:

Are accredited to assess the eligibility of debtors for the scheme;

Develop proposed activity plans and apply to the scheme on behalf of debtors;

Oversee the activities as specified in the order; and

Report on debtor progress.
At this initial stage of the SPER program, the objective is to undertake extensive consultation with other
Government agencies, non-Government organisations (NGOs), and peak professional bodies to assess the
viability of introducing such a scheme into Queensland.
This WDO Consultation Paper outlines the key elements of the proposed scheme:

Who would be eligible to apply;

How the scheme would operate; and

When the implementation of such a scheme could commence
It seeks constructive feedback from these key stakeholders on those elements.
Subject to a positive response from the consultation process, a submission will be made to the Government by
30 September 2016 to consider the introduction of such a WDO program and to make the necessary legislative
changes required to give effect to its implementation.
State Penalties Enforcement Registry (SPER)
1
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
2.0
Background
SPER, within the Office of State Revenue, performs an important role in Queensland’s justice system. It aims to
satisfy the community’s expectations that individuals engaging in unlawful behaviour will be effectively sanctioned
by pursuing the recovery of unpaid fines and monetary penalties (penalty debt).
SPER acknowledges that some individuals may experience a range of personal difficulties that prevent them from
being able to pay their penalty debt.
These hardships can arise from longer-term, entrenched hardship due to conditions such as severe financial
hardship, having a mental illness, cognitive or intellectual disability, serious substance addiction or from
homelessness.
Equally these hardships can arise due to sudden changes in personal circumstances including ill-health, physical
injuries caused by accidents, or from traumatic loss such as a death in the family. These may be short term
disruptions that can be overcome with the passage of time.
While conscientious in upholding the integrity of the State’s justice and fines systems, SPER is committed to having
a range of appropriate responses in place to help those individuals experiencing hardship.
Once a penalty debt is received by SPER and an enforcement order issued, SPER has a range of paths an
individual can pursue if they are experiencing genuine hardship circumstances. These include:

Deferment of a debt payment for a defined period;

Debt payment by extended instalments;

Debt write-off in specific instances; and

Opportunities to work off the debt.
Under the ‘opportunities to work off a debt’ category, individuals who are unable to pay their SPER debt can apply
to SPER for a Fine Option Order (FOO). A FOO is unpaid community service performed in lieu of financial
payment and is supervised by the Probation and Parole Office within Queensland Corrective Services. The
community service activities are undertaken within local organisations such as major faith-based organisations,
local councils and some sporting clubs. Unpaid community service, however, is not an option for individuals
experiencing hardship in all circumstances.
In February 2016, the Queensland Government supported the continued implementation of a significant
improvement program for SPER. As part of this program, SPER examined its current arrangements for responding
to people experiencing hardship and investigated approaches developed by other jurisdictions.
This investigation found that NSW has implemented a Work and Development Order (WDO) scheme for hardship
cases which:

Has clear eligibility criteria and broad categories to accommodate individuals experiencing hardship;

Provides for a wider range of activities that individuals can undertake to clear their penalty debt;

Involves a community-led sponsorship and delivery model; and

Has streamlined administrative processes.
A similar WDO scheme in Queensland would significantly expand the range of opportunities for individuals
experiencing hardship to work off their debts than exists at present.
State Penalties Enforcement Registry (SPER)
2
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
2.1
What are the key features of the NSW WDO scheme?
In summary, the key features of the NSW scheme include:
2.1.1
Clear eligibility criteria
Individuals can participate in the scheme where they are experiencing homelessness, serious mental illness,
cognitive or intellectual impairment, have a serious addiction to drugs, alcohol or other substances, or are in acute
financial hardship.
The ‘test’ for acute financial hardship is straightforward and clear. A person is eligible if they are in receipt of
specified Centrelink benefits or where Centrelink benefits are not received, on the basis of satisfying clearly defined
household income test thresholds.
2.1.2
Expanded debt finalisation options
The activities that can be undertaken under a WDO are expansive and include:

Unpaid work;

Drug and alcohol treatment programs;

Medical or mental health treatment as specified in a health practitioner’s treatment plan;

Educational, vocational or life skills courses;

Financial or other counselling; and/or

A mentoring program (for persons under 25 years of age).
2.1.3
Network of community-based sponsors
Individuals experiencing hardship in these eligible categories are sponsored by registered community-based
service providers to undertake agreed activities to clear their penalty debt. Government and non-government
community organisations acting as sponsors are responsible for assessing a person’s eligibility for the WDO
scheme, determining the most appropriate treatment or development activity for that person, jointly applying for a
WDO with the individual, and monitoring and reporting on their progress.
2.1.4
Streamlined processes
The WDO scheme is supported by an online WDO self-service portal and dedicated WDO hotline to enable all
parties to receive accurate and timely advice and actively engage in on-line application and reporting activities.
These processes are automated to the maximum extent possible.
State Penalties Enforcement Registry (SPER)
3
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
2.2
What has been NSW’s experience with WDOs?
In 2009, the NSW State Debt Revenue Office introduced a pilot project. The WDO pilot was implemented in order
to target the group of people who were unable to pay and/or reduce their penalty debt. In 2011, the pilot program
was evaluated and due to the program successfully achieving its aims, it was made permanent. The WDO
program was again evaluated in 2015.
The 2011 evaluation found that the WDO scheme provided an effective and appropriate response to people
experiencing hardship, particularly by:

Reducing reoffending in the fine enforcement system;

Engaging clients in appropriate treatment or activities that they may not otherwise have engaged in;

Reducing client stress, anxiety and feelings of hopelessness and despair;

Promoting client self-esteem and self-efficacy;

Building client skills and potentially providing them with employment opportunities; and

Reducing costs to government associated with fine enforcement, ongoing offending behaviour, welfare
dependency, mental health problems and drug and alcohol addiction.
The 2015 evaluation again confirmed the positive outcomes being achieved under the WDO scheme:

More than 25,000 WDO’s were approved between April 2012 and December 2014 representing more than
$76 million in original debt (approximately $32 million was resolved or expected to be resolved through
WDOs);

More than 1,400 community organisations, medical practitioners, and government agencies are currently
registered as sponsors – this has grown from approximately 220 in 2011;

95% of sponsors who participated in the evaluation said the scheme had helped reduce the level of stress
and anxiety their clients felt about their penalty debt;

87% of sponsors said the scheme had enabled their clients to address the factors that made it hard for
them to pay or manage their penalty debts in the first place;

Most participants received no further fines during their participation in the scheme; and

A study of a smaller cohort of participants revealed that more than a quarter of these did not receive
another fine in the two years post WDO completion.
Achieving such sustained promising results has prompted other states to review the NSW model closely. A number
are in the process of implementing similar models.
State Penalties Enforcement Registry (SPER)
4
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
3.0
Guiding principles in developing a WDO
Scheme
In developing a proposed WDO scheme for Queensland, SPER has adopted a number of guiding principles,
principally derived from the lessons learned in NSW. These are essential to ensure that the Queensland WDO
scheme incorporates key features that will maximise its chances of success. The principles formulated to date for
the proposed WDO scheme design include:

Complementary to broader hardship considerations – The proposed WDO scheme will have quite specific
eligibility criteria. Treatment of individuals under the WDO scheme will be consistent with and complementary
to other hardship options offered by SPER.

Community-owned and driven – The scheme will be designed so that it is a community-based program that
is owned and driven by key community groups who are on the ground and have networks and programs in
place that can assist individuals experiencing hardship.

Self-service, not red tape – Any application and reporting requirements necessary to support the scheme will
be streamlined to the maximum extent possible, be available on line and should not prove onerous to either
sponsors or clients.

Targeted and well embedded communication and promotional arrangements – Hardship individuals need
to be aware of the options available to them to fully benefit from the scheme. One of SPER’s key objectives is
to have this awareness and advocacy of the scheme’s possibilities actively promoted and embedded in multiple
and diverse service provider models throughout Queensland.

Strong equity foundations – Effort will be required to develop an extensive state-wide sponsor network
providing a range of programs so that individuals are not disadvantaged by their geographic location. The
treatment programs offered under WDOs will also be equitable in the rate at which debts can be discharged.

Continuous improvement - The scheme will be the subject of regular review and evaluation and be further
refined based on feedback from participants and key stakeholders.
In the medium term, it is envisaged that the successful operation of the scheme should prompt further questions
and potentially lead to further innovative solutions to allow diversion programs such as WDOs to be initiated as
close as possible to the occurrence of the original offence.
4.0
Purpose of this paper
This paper is not Government Policy. Its purpose is to consult with key stakeholders on a proposed WDO scheme
for Queensland.
It outlines:
 Who would be eligible to apply;

How the scheme would operate; and

When the implementation of such a scheme can commence.
Specific questions have been included at the end of each section of the document for your consideration and
response.
Responses are requested by 15 July 2016, and can be submitted to [email protected].
The following sections will now outline more detailed aspects of the proposed WDO scheme for Queensland.
State Penalties Enforcement Registry (SPER)
5
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
5.0
Who is eligible to apply?
5.1
Overview
The current proposal for the Queensland WDO is to adopt similar eligibility criteria to those adopted in the NSW
model.
Those eligible to undertake a WDO include individuals who:

Have a mental illness;

Have an intellectual or cognitive disability;

Have a serious addiction to drugs, alcohol or volatile substances;

Are homeless; or

Are experiencing acute financial hardship.
It is proposed that unlike the NSW model, the Queensland WDO scheme would not apply to children. The State
Penalties Enforcement Act 1999 provides that enforcement action cannot be taken against a child within the
meaning of the Youth Justice Act 1992 (a person under the age of 17). Similar provisions do not exist in NSW.
The NSW profile of applications received between 2012 and 2014 shows that financial economic hardship
accounts for 41% of all applications, followed by serious drug/alcohol/substance addiction (32.4%); mental illness
(17.5%); homelessness (5.4%); and intellectual or cognitive disability (3.6%).
An individual can apply for a WDO if they have an existing SPER debt or as soon as a SPER enforcement order
has been issued to them. An individual cannot apply if there is an existing community service order or fine option
order in place for that particular fine.
An individual can apply for the WDO to apply to one or multiple fines. To ensure there is sufficient flexibility to
accommodate changing circumstances, an individual will be able to apply to have their WDO varied to incorporate
additional fines incurred over the treatment period.
The individual’s application must be supported by an approved WDO sponsor organisation, or in the case of a
proposed medical or mental health treatment, a WDO-registered health practitioner or agency. The role of the
sponsor is further explained later in this paper.
5.2
Eligibility Criteria
5.2.1
Mental illness
Mental illness is defined in Section 12(1) Mental Health Act 2016 as a condition characterised by a clinically
significant disturbance of thought, mood, perception or memory. The Act provides that a decision that a person
has a mental illness must be made in accordance with internationally accepted medical standards.
To that end, when an application is made for a WDO on the grounds of mental illness, the supporting organisation
or health practitioner must maintain relevant supporting documentation from the applicant’s treating doctor,
psychiatrist, psychologist, a government agency or non-government organisation with professionals qualified to
make mental health assessments, or Centrelink if the applicant is in receipt of a full or partial disability pension.
This documentation should set out the diagnosis, including the nature, severity and effects of the illness and how
long the individual has had the illness.
In the WDO application the Sponsor indicates that these conditions are or have contributed to the person’s inability
to pay and it is more appropriate for the person to undertake the treatment to resolve their penalty debt.
State Penalties Enforcement Registry (SPER)
6
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
5.2.2
Intellectual or cognitive disability
The Disability Services Act 2006 (Section 144) states that an adult with an intellectual or cognitive disability means
an adult with a disability who has a condition attributable to an intellectual or cognitive impairment, or a combination
of impairments.
Section 149 provides that for assessing an adult with an intellectual or cognitive disability, a person is appropriately
qualified if the person has the qualifications or experience appropriate to conduct the assessment. Examples of
who might be appropriately qualified persons include behaviour analysts, medical practitioners, psychologists,
psychiatrists, speech and language pathologists, occupational therapists, registered nurses and social workers.
When an application is made for a WDO on the ground of intellectual or cognitive disability the supporting
organisation must keep at least one of the following:

If the applicant is in receipt of a full or partial disability pension, a Job Capacity Assessment or other report
from Centrelink describing the applicant’s disability;

Proof of declaration that the applicant is eligible for the services of Aging, Disability and Home Care
(ADHC); or

A letter from any of the qualified persons outlined above that clearly describes the nature and extent of the
disability.
The WDO application will also state that this impairment is or has contributed to the person’s inability to pay and it
is more appropriate for the person to undertake the treatment proposed to resolve their penalty debt.
5.2.3
Serious addiction to drugs, alcohol, or volatile substances
In NSW the definition for this category is based on the definition of substance dependence by the American
Psychiatric Association (2000). The definition of a ‘drug dependent person in the Queensland Drugs Misuse Act
1986 is:
“a person who as a result of repeated administration to the person of dangerous drugs demonstrates impaired
control or exhibits drug-seeking behaviour that suggests impaired control over the person’s continued use of
dangerous drugs; and who, when the administration to the person of dangerous drugs ceases, suffers or is likely to
suffer mental or physical distress or disorder”.
It is proposed to proceed with the broader definition of substance dependence used by NSW.
A person is deemed to have a serious addiction to drugs, alcohol or volatile substances if he or she has a
maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by three
(or more) of the following occurring any time in the same 12 month period:

Tolerance, as defined by either a need for markedly increased amounts of the substance to achieve
intoxication or the desired effect or markedly diminished effect with continued use of the same amount of
the substance;

Withdrawal, as manifested by the characteristic withdrawal syndrome for the substance or the same (or
closely related) substance is taken to relieve or avoid withdrawal symptoms;

The substance is often taken in larger amounts over a longer period than intended;

There is a persistent desire or unsuccessful efforts to cut down or control substance use;

A great deal of time is spent in activities necessary to obtain the substance, use the substance, or recover
from its effects;

Important social, occupational or recreational activities are given up or reduced because of substance use;

The substance use is continued despite knowledge of having a persistent physical or psychological
problem that is likely to have been caused or exacerbated by the substance.
State Penalties Enforcement Registry (SPER)
7
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
When an application is made for a WDO on the grounds of serious drugs, alcohol or substance addiction, the
supporting organisation or health practitioner must maintain relevant supporting documentation from the applicant’s
treating doctor, psychiatrist, psychologist, social worker, drug and alcohol or youth service case worker or
counsellor, a government agency or non-government organisation with expertise in working with people with
serious drug, alcohol, or substance addiction.
The supporting documentation should set out the nature, severity and effects of the addiction and how long the
individual has had the addiction. The WDO application should also specify that this addiction is or has contributed
to the person’s inability to pay and it is more appropriate for the person to undertake the treatment proposed to
resolve their penalty debt. This should ensure that an individual who has a drug addiction and has the ability to pay
is precluded from applying for a WDO.
5.2.4
Homelessness
It is proposed to adopt the Australian Bureau of Statistics (ABS) definition of homelessness.
In 2011, the ABS developed a new definition which provides that ‘when a person does not have suitable
accommodation alternatives, they are considered homeless if their current living arrangement:

is in a dwelling that is inadequate;

has no tenure, or if their initial tenure is short and not extendable; or

does not allow them to have control of and access to space for social relations.’
In order to estimate the number of persons experiencing homelessness in the census, the ABS has operationalised
this definition by flagging six key groups based on their living situation:

People in improvised dwellings, tents or sleeping out (rough sleeping);

People in supported accommodation (includes shelters) for the homeless, or in transitional housing;

People staying temporarily with other households (including with friends and family);

People staying in boarding houses;

People in other temporary lodging; or

People living in severely overcrowded conditions (according to the Canadian National Occupancy
Standard).
According to this definition, 19,838 people in Queensland are considered homeless, including 1,943 people in
inner-city Brisbane.
When an individual applies for a WDO on the grounds of homelessness, the supporting organisation must sight
and maintain documentation from the individual’s lawyer, case worker or government agency or non-government
organisation that details current living arrangements, the period the applicant has been homeless and the type of
homelessness.
5.2.5
Acute financial hardship
Queensland is proposing to adopt similar economic hardship eligibility tests to those in place in NSW. NSW adopts
a simple model whereby an individual is deemed to be experiencing acute financial hardship if they satisfy one of
the following:

Are in receipt of any prescribed Centrelink benefits, namely – Newstart Allowance; Youth Allowance;
Parenting Payment; Disability Pension; Carer’s Payment; Sickness Allowance; Age Pension; or
Department of Veterans Affairs benefits; or
State Penalties Enforcement Registry (SPER)
8
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper

Not in receipt of Centrelink benefits but is a member of a household that has weekly/monthly household
income below set thresholds (before tax); or

Not in receipt of Centrelink benefits, is a member of a household above the income threshold, but it is the
view of the supporting organisation that the individual is nevertheless in acute economic hardship. In such
instances an application may be made to SPER to confirm eligibility outside the above two criteria.
All relevant documentation required to confirm financial hardship eligibility against the Centrelink benefits or
household income threshold criteria is examined, confirmed and kept by the supporting organisation. An
application for economic hardship outside these criteria must include a full statement of financial circumstances
and details of any extenuating circumstances and be submitted to SPER for consideration.
5.3
Application process
A standard application form will be available online from SPER. The application is completed and lodged by an
approved sponsor on behalf of the applicant. The application will set out the grounds for requesting the order; the
proposed activities to be carried out under the order; and the proposed timelines for the completion of these
activities.
The application must also include:

Applicant details – name, gender, date of birth, address and contact details and some proof of identity;

A list of enforcement orders to which the WDO will relate;

How the applicant intends to deal with any other fines or debts not subject to this WDO; and

How the proposed activities will be beneficial to the individual so the WDO can best reflect their
capabilities and personal circumstances
From an approved sponsor’s perspective, the application must include:

The name and contact details of the organisational representative certifying the application; and

The identity and contact details of the person(s) to be responsible for the supervision of the proposed
activities
In keeping with the scheme design principles it is intended to keep this application process as simple and as user
friendly as possible to encourage optimal participation levels.
State Penalties Enforcement Registry (SPER)
9
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
Key considerations
Eligibility criteria: the possibility of adding new eligibility criteria to the existing NSW list has been considered.
This includes having categories for domestic violence victims and people with disabilities. It is proposed that these
categories can be adequately accommodated under a combination of the existing criteria, particularly financial
hardship, and other available SPER hardship provisions, such as deferral of enforcement action for defined periods
in response to hardship crisis situations.
Q5.4.1 Should any additional eligibility criteria be added to the proposed list?
WDO target groups: It is proposed to adopt the definitions of key eligible WDO target groups used in NSW WDO
scheme, however amended to reflect the Queensland legislative context.
Q5.4.2 Are there any other definitions that can be utilised to better articulate WDO target groups
to provide as much clarity as possible to individuals and potential sponsors of the scheme?
Application requirements: An individual’s disability, impairment, illness, homelessness or hardship need not
have contributed to their incurring the fine or penalty notice in the first place. However, NSW requires that if an
application is made on the basis of mental illness, intellectual or cognitive disability, or serious substance addiction,
then the Sponsor indicates that these conditions are or have contributed to the person’s inability to pay and it is
more appropriate for the person to undertake the treatment proposed to resolve their penalty debt. The proposed
Queensland model supports this approach.
Q5.4.3 Do you agree that for WDO applications for a person with mental or cognitive disability or
serious drugs/ alcohol/ substance addiction, Sponsors would be required to declare that these
conditions have contributed to the person’s inability to pay?
State Penalties Enforcement Registry (SPER)
10
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
6.0
How does the scheme work?
6.1
Overview
Under the proposed Queensland WDO model, an individual can undertake one or more of the following activities to
discharge their fine debt:

Unpaid work with or on behalf of an approved organisation;

Medical or mental health treatment as specified in a health practitioner’s treatment plan;

An educational, vocational or life skills course;

Financial or other counselling;

Drug or alcohol treatment; and/or

A mentoring program (for persons under 25 years of age).
The NSW experience with their WDO scheme has been that drug and alcohol treatments accounts for
approximately 32% of all WDO scheme activities; educational, vocational and life skills account for 27%; medical
and mental health treatments 15%; unpaid work 13%; counselling 11%; and mentoring 2% of activities undertaken
to date.
It will be also possible for an individual to part pay as well as undertake any of the above activities to satisfy the
balance of their penalty debt.
It is the responsibility of the sponsor to ensure that proposed activities are suitable and appropriate to the needs of
the individual.
6.2
Sponsor requirements under a WDO
Approved organisations and health practitioners are generally responsible for determining that an individual is
eligible to participate in the WDO scheme.
To be an approved sponsor under the scheme, an organisation must satisfy the following criteria:

Be a non-profit organisation with an ABN, a government agency, or a statutory body representing the
Crown;

Have current public liability and other appropriate insurance arrangements in place;

Have mature Workplace Health and Safety policy and procedures in place;

Have appropriately trained or accredited staff for working with eligible WDO target groups or providing the
treatment activities required under a WDO; and

Agree to meet prescribed WDO governance requirements.
For Health Practitioners, enrolment will require:

Documentary evidence of their registration as a health practitioner;

Agreement to oversee an eligible individual’s participation under the proposed WDO; and

Agree to meet basic WDO record-keeping requirements.
Interstate organisations and health practitioners may be approved to participate in the Queensland scheme
provided they meet the necessary eligibility criteria.
State Penalties Enforcement Registry (SPER)
11
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
Both approved sponsor organisations and health practitioners will be required to:

Provide monthly reports on the WDO to SPER through a simple, online portal;

Report any non-compliance with the WDO to SPER;

Notify the eligible individual if the WDO is revoked by SPER;

Have a complaints handling procedure in place; and

Comply with any WDO record-keeping and storage requirements.
Sponsors do not receive any payment for their participation in the scheme. They sign-up to benefit their clients and
have accepted the scheme’s administration and reporting requirements. Further detail on these reporting and
record-keeping requirements will be provided at subsequent stages of this initiative.
6.3
Sponsorship can include direct service provision as
well as referral services
The NSW model provides that as part of the sponsor application process, the sponsor can stipulate that they will
provide treatments or activities under any of the six defined activities to the eligible individuals undertaking the
WDO or they can refer the individuals to other service providers who can undertake the proposed treatments or
activities.
For sponsors who refer individuals to other service providers, the sponsor assumes case management
responsibilities for that individual, including meeting record-keeping and monthly reporting requirements.
It is proposed that the Queensland model will adopt a similar referral role for sponsors. This is seen as essential in
ensuring that individuals are afforded the treatments and activities that best satisfy their needs and personal
circumstances.
6.4
What is in a WDO?
The terms of a WDO must be agreed between the individual applicant, their approved sponsoring organisation (or
health practitioner) supporting the application and SPER.
The Order itself will include:

The enforcement order(s) that relates to the debt(s) that will be retired or partially retired by completing the
order;

The nature of the activities that are approved under the order; and

The value of these activities to be undertaken under the order.
The details of a WDO may be varied or revoked by SPER if:

Requested to do so by or on behalf of the individual subject to the WDO;

If the sponsor is unable to continue to supervise the services required under the order;

False or misleading information is supplied at any stage in the life-cycle (application-treatment-completion)
of the order; or

If SPER is of the opinion that the individual is no longer eligible, or has failed to comply with their Order
requirements.
No other enforcement action is undertaken against the individual in relation to a fine that is the subject of a WDO.
While the WDO is active, any other current enforcement actions against that fine, including driver licence
State Penalties Enforcement Registry (SPER)
12
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
suspension, will be lifted. This has been found to be a significant incentive to encourage individuals to participate
in the scheme in NSW.
6.5
What types of fines can be worked off through a
WDO?
Under the State Penalties Enforcement Act 1999, fines are defined to include an amount stated in an infringement
notice as the fine for a stated infringement notice offence and, for a particular infringement notice, the fine stated in
the infringement notice. It also includes an offence for which a fine is imposed by a Court, and any amount payable
under an ancillary order of the Court.
The intent of the WDO is, to the maximum extent possible, include all fines, fees and levies with the exception of:

6.6
Amounts payable to a third party (e.g. compensation or restitution payments imposed by the Courts).
Rates at which outstanding fines can be retired (cutout rate)
One of the strengths of the NSW model is the transparency of the rates at which individuals can work off their
penalty debts irrespective of the treatment options selected. This transparency reduces any ambiguity for
individuals and sponsors alike as well as promoting consistency and equity of how individuals are dealt with under
the scheme.
Queensland will look to adopt the current rates offered in NSW which are as follows:
o
o
o
o
o
o
Unpaid work
Medical or mental health treatment
Educational, vocational, life skills courses
Counselling (including financial)
Drug or alcohol treatment
Mentoring
$30 per hour
$1,000 per month for full compliance
$50 per hr/$350 per full day (max $1,000 per month)
$50 per hr/$350 per full day (max $1,000 per month)
$1,000 per month for full compliance
$1,000 per month for full compliance
The experience in NSW has found these rates to be ‘generous’ and generally successful in getting the attention of
individuals and ensuring that full debt resolution is achievable.
Issues have been raised regarding potential inequities between the hourly rates effort required and monthly cut-off
rates for those on agreed treatment programs. These matters are still under consideration in NSW and are
outlined below.
State Penalties Enforcement Registry (SPER)
13
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
Key considerations
Sponsor requirements: In confirming eligibility requirements to become a WDO sponsor, the NSW requirements
have been adopted in the main. It is considered that these attempt to strike the right balance between over
prescriptive, onerous requirements and minimal requirements that are potentially open to misuse.
Q6.7.1 Are you satisfied with the level of information required to support an application to
become a sponsor under the WDO scheme?
WDO activities: The activities and treatments possible under the WDO also mirror those of NSW.
Q6.7.2 Are there any other activities that could potentially be included in our proposed
treatments?
Cut-off rates: The NSW experience has been that most participants, both sponsors and individuals, consider the
cut-off rates to be reasonable. One area that was identified as potentially inequitable was the categories where
$1,000 can be written off in a month by attendance at agreed treatment programs irrespective of the duration of
these attendances over the course of the month. This raised equity concerns relative to the effort required in other
categories to write-off debt at $30 - $50 an hour.
Q6.7.3 Does the introduction of minimum time-based attendance thresholds with a cut-off
category of $1,000 per month need to be considered?
State Penalties Enforcement Registry (SPER)
14
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
Cap on the number of WDOs: One of the challenges is to maintain a streamlined and effective scheme without
having to close every potential misuse scenario. One case study identified recently in NSW cited the example of
an individual who added debt from 65 additional fines to their WDO over a period of 18 months. Prima facie, this
would indicate that there is no behavioural change occurring and the individual was using the scheme to discharge
their ongoing fine habits. Limiting the number of WDOs or additions to an existing WDO over a 12 month period is
a possible option that may curb this type of behaviour.
Q6.7.4 Is there a need for a cap on the number of WDOs that can be undertaken in a given period
of time, for example, establishing a limit of 6 either new WDOs or variations to existing WDOs per
year?
State Penalties Enforcement Registry (SPER)
15
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
7.0
When could such a scheme be introduced into
Queensland?
7.1
Indicative timelines/Key dependencies
7.1.1
Government approvals
The process and timeframes to obtain the relevant government approvals for the WDO scheme to commence is
summarised as follows:

A policy position, including any required legislative amendments, will be submitted to Government by end
of September 2016;

Subject to approval, a draft Bill will be prepared and introduced into Parliament in the first quarter of 2017;
and

A proposed commencement date for the new WDO scheme will be confirmed at this time.
Adequate prior consultation and engagement with stakeholders and community groups will be an essential
prerequisite to ensure that there is appropriate broad-based support to ensure the success of the WDO scheme.
7.1.2
New SPER information technology system
Government has recently approved SPER’s business case to migrate to a new technology solution for its
operations. The new technology solution will provide SPER with data registry and case management capability
and will incorporate business intelligence, data analytics, data enrichment and other specialist debt collection
advisory services.
The new technology solution will improve the finalisation options available for people experiencing hardship,
including those eligible for WDOs. The scheme relies extensively on technological opportunities to allow real time
access to appropriate customer information, easy and direct online interaction with both customers and sponsors,
full contact centre functionality to assist with all enquiries, and streamlined, transparent administrative
arrangements.
The current implementation plan provides for a ‘Go-live’ of the new technology solution in the last quarter of 2017.
7.1.3
SPER resourcing and capacity considerations
The NSW experience in implementing the WDO scheme has seen additional dedicated resources required in the
following areas:

The State Debt Recovery Office (SDRO)(the SPER equivalent in NSW): establishment of a specialised
WDO function within the Office delivering investigations, compliance and training services; and the
creation of a WDO ‘Hotline’ serviced by specialist WDO contact centre officers.

Legal Aid NSW: establishment of a WDO Service which performs the functions of: sponsor recruitment,
training and support; scheme promotion; connecting clients to sponsors; community and sponsor outreach
services, including ‘fine days’, community legal education and fine clinics in regional and remote areas;
and direct provision of legal advice and assistance on WDOs and fines generally.

Aboriginal Legal Services: dedicated WDO field officers to undertake WDO outreach and promotion.

Department of Justice: assessment and approval of WDO scheme sponsor organisations.
State Penalties Enforcement Registry (SPER)
16
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
For the Queensland model we need to confirm the resourcing effort required and have sufficient capacity in place
at the commencement of the scheme. A key priority in implementing the new SPER penalty debt management
system will be to automate key WDO registration, approvals, reporting processes to the maximum extent possible.
7.1.4
Key scheme elements in place prior to ‘go-live’
There will be a requirement to have all essential elements of the scheme in place and extensively communicated
prior to commencement.
In respect of communications, one of the key lessons from the NSW experience was to opt for a single integrated
communications strategy rather than being promoted separately by SDRO, Legal Aid and the Aboriginal Legal
Service.
7.2
Critical success factors
Outlined below are a number of factors that are considered to be critical to the successful implementation of a
WDO scheme in Queensland.
Government support

unambiguous Government policy approval for the proposed WDO scheme;

Government agencies, particularly State government agencies, actively support the scheme and are
critical advocates for its success; and

All other tiers of government, both at a Federal level and Local level, are strong sponsors of the scheme
either as service providers or informed referral agencies.
Community preparedness and support

Key referral networks and agencies – Legal Aid Queensland, ATSI Legal Services, peak medical bodies,
and other identified bodies – networks are in place and agencies are energised and equipped to play an
active scheme advocacy role;

Extensive sponsor registration process has occurred with adequate sponsorship numbers in place across
all areas of the State; and

An effective communication and awareness campaign is in place – appropriate brochures and online
promotional material and applications are available and are being effectively utilised; adequate training
and WDO education has taken place and continues to be available.
SPER capability and capacity

New responsive WDO self-service portal which meets the needs of all constituents (dependent on new
information system) is in place;

WDO incoming and outgoing contact-centre capabilities are established to facilitate appropriate contact
with customers and sponsors with an ability to broker treatment solutions; and

Adequate resources are available to deal with all elements of a fully implemented WDO scheme.
State Penalties Enforcement Registry (SPER)
17
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
8.0
Staged implementation approach
One possible approach to implementing a WDO scheme into Queensland is to opt for a staged implementation
approach rather than a state-wide, ‘big bang’ implementation.
If a staged implementation approach is preferred, one method of determining the order of the roll-out is to align the
stages to areas across the state where the most SPER customers reside. An analysis of the location of SPER
customers at 31 March 2016 shows that 20 postcodes cover 20% of SPER’s customers. This type of analysis is
useful for targeted community engagement and assists the WDO implementation efforts in determining where to
direct communication and education programs to optimise debt resolution efforts.
One possible approach is to adopt a progressive State-wide roll-in to the scheme over a six to twelve month period.
An indicative schedule could look as follows:
Stage 1 – Duration 2-4 months - Roll-out in Far North Queensland and Gold Coast/Logan areas

These areas would cover almost 64,000 known SPER customers; provide a good mix between metropolitan
and regional centres; are still relatively well-defined geographic locations around which adequate sponsorship
registration and communication and promotional efforts can be focussed.

Preparation for stage 2 can also commence during this period.
Stage 2 – Duration 2-4 months - Roll-out across Brisbane, Ipswich, Toowoomba and remaining South East and
South West parts of the state.

These areas would cover almost 55,000 known SPER customers. The learnings from the stage 1 roll-out will
inform the ease with which these more geographically dispersed locations can be effectively included in the
ambit of the WDO scheme.

Preparation for stage 3 can commence during this period.
Stage 3 – Duration 2-4 months - Roll-out in Central Queensland and remaining parts of the state

The scheme will be rolled-out to all remaining areas of the state based on the learnings and finding from the
previous two stages. While the remaining areas are more geographically dispersed, they should contain
relatively fewer SPER customers than areas covered in stages 1 and 2.
The advantages of a scheduled progressive roll-out are:



Demand and administrative workloads are able to be built-up to ensure that adequate capacity is in place
to deal with anticipated increasing demand levels;
Any problems or issues identified can be contained, both in terms of specific areas and numbers of
impacted applicants, and their solutions can then be rolled out to the rest of the state; and
The phased approach allows for more efficient and targeted communications and promotional campaigns
rather than attempting a state-wide approach which would be far more resource intensive.
The disadvantages are:



Managing expectations for those areas of the State that are designated in stages two or three. Why should
they have to wait to benefit from the WDO scheme?;
Potential boundary issues between what areas are or are not included in the various stages of
implementation. This may prove confusing for both individuals and sponsors alike; and
Costs of implementation may be greater over an extended period.
State Penalties Enforcement Registry (SPER)
18
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY
Work and Development Order Consultation Paper
Key considerations
Timing considerations: The implementation of a scheme of this nature will take time to set up.
Q8.1.1 Are the timing considerations sufficiently clear to understand the lead times required to
deliver a successful WDO scheme in Queensland?
Implementation approach: The options to implement a WDO scheme are either a staged implementation or a
comprehensive state-wide implementation on a nominated date. Both have their advantages and disadvantages.
Q8.1.2 Are you in favour of a staged implementation approach similar to what is proposed in this
paper? If not could you suggest an alternative approach?
State Penalties Enforcement Registry (SPER)
19
NOT GOVERNMENT POLICY – RELEASED FOR
CONSULTATION PURPOSES ONLY