New law to restore donations power to courts

The Victorian Coalition Government will today introduce legislation into Parliament that will allow charities to continue to receive proceeds from court-ordered donations.

This follows a recent Supreme Court ruling that held that the long-standing practice of courts requiring offenders to make a donation to the court fund or to a charity was invalid.

Attorney General Robert Clark said the new legislation would again allow courts to direct money to charitable or community service organisations.

“It has long been the practice of the Magistrates’ Court to require offenders to make a payment directly, or through the court, to an organisation that provides a charitable or community service,” Mr Clark said.

“This practice dates back many years, to when contributions were ordered to the court ‘poor box’.

“These donations have supported the vital work of the Salvation Army, the St Vincent de Paul Society and the Melbourne City Mission, among many others.”

The legislation will again allow courts to include a condition in an adjournment undertaking requiring the offender to make a payment directly to an organisation that provides a charitable or community service, or to the court for payment to such organisations.

“The legislation also makes clear that such payment conditions should not be treated as a substitute or replacement for a fine,” Mr Clark said.

The legislation will also validate all past court orders that have required donations to charitable or community service organisations, or to the court fund.