Public consultation on Criminal Code infringement notices

The Ombudsman has an important function to keep under scrutiny the operation of the Criminal Code infringement notices. Under section 723 of The Criminal Code:

  1. For the period of 12 months after the commencement of this section, the Ombudsman is to keep under scrutiny the operation of the provisions of this Chapter and the regulations made under this Chapter and the Criminal Investigation (Identifying People) Act 2002 Part 7 and section 67.
  2. The scrutiny referred to in subsection (1) is to include review of the impact of the operation of the provisions referred to in that subsection on Aboriginal and Torres Strait Islander communities.
  3. For that purpose, the Ombudsman may require the Commissioner of Police or any public authority to provide information about police or the public authority’s participation in the operation of the provisions referred to in subsection (1).
  4. The Ombudsman must, as soon as practicable after the expiration of that 12 month period, prepare a report on the Ombudsman’s work and activities under this section and furnish a copy of the report to the Minister for Police and the Commissioner of Police.
  5. The Ombudsman may identify, and include recommendations in the report to be considered by the Minister about, amendments that might appropriately be made to this Act with respect to the operation of the provisions referred to in subsection (1).
  6. The Minister is to lay (or cause to be laid) a copy of the report furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.

The Ombudsman is undertaking a wide range of work and activities as part of this monitoring role, including critically, a wide range of consultative activities regarding the operation of Criminal Code infringement notices. An important part of these consultative activities is that the Ombudsman sought to consult members of the community who have had experience with the operation of the Criminal Code infringement notices. In particular, the Ombudsman sought to consult Aboriginal and Torres Strait Islander communities on the impact of the operation of the Criminal Code infringement notices on communities.

Submission of Response Forms for the Public Consultation closed on Friday 20 May 2016.

To find out more about the Ombudsman's role in monitoring infringement notices, read the Consultation Paper:

Monitoring the infringement notices provisions of The Criminal Code: Consultation Paper