Wednesday 19 August 2015

The Money Trail !

It seems strange that those who are the subject of an arrest warrant because they have skipped bail or failed to appear in court to face charges still receive welfare payments - including the dole.  It seems that in Australia we continue to finance the lifestyle of those "on the run " !

Across the Tasman the Kiwi's brought in a new law that automatically stopped welfare payments when an arrest warrant applies to a welfare recipient - and of the fifteen thousand such warrants in force when the law applied, more than half were receiving welfare.  A similar law change is being considered here.

It seems likely that this proposal will get a very mixed reception from charities and all those agencies which deal with the lower strata of humanity.  It will probably cut off the money supply to those who are sole breadwinners and have the unintended affect of depriving a spouse and children of food and the necessities of life.   There is also a chance that it will increase the crime rate as desperate people turn to crime to replace lost finance.

There is certainly an incentive to make court appearances more enforceable.  At present a non appearance means the issue of an arrest warrant and that may rest in limbo until the person becomes noticed by the police.  In many cases this can extend from weeks to months - and sometimes - to years.  Often the warrant is only applied when the offender has the bad fortune to be stopped for a random breath test - and a license check.    It is only when a serious issue is involved that the police actually search for the person subjected to an arrest warrant.

Australia's welfare bill of $150 billion annually is expected to blow out to $ 190 billion by the end of the forward estimates and there is constant pressure to implement any measure to reign it in.  This move on welfare would be welcomed in Treasury but the actual implementation could cause some unexpected problems.   We would be wise to first have a long and hard look at the whole application of arrest warrants.

For instance, failing to buy a valid ticket is rife on the rail network and enforcement has been stepped up.  Offenders often give a false name and address - and sometimes authenticate this with a credit card or other document that they have obtained from a rubbish bin.   In due course this unpaid fine would lead to a failed court appearance - and an arrest warrant.   If all forms of welfare are subjected to such cancellation, innocent people may find themselves deprived of their pension or the various levels of entitlement that exist under the broad cover of welfare.

There is a danger that linking arrest warrants to welfare may become a bludgeon that falls on innocent victims.  Magistrates would do well to carefully consider rather than automatically proceeding to issue and both the implementation - and the lifting of that welfare stoppage - would need to be carried out seamlessly - and quickly.

That is a big ask !   The Centrelink juggernaut moves ponderously and slowly and communications between the police, the courts and the bureaucracy generally leaves a lot to be desired.  Rather than a general rule to implement a welfare stop this would be better ordered as a separate measure when a magistrate raises an arrest warrant.

It is a powerful weapon to bring compliance with the law, but better used on a selective basis rather than on a "one size fits all " concept !

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