Unpaid Fines in NSW: Revenue NSW Reviews, Payment Plans, WDOs and Enforcement

Revenue NSW manages penalty notices and fine enforcement across New South Wales, and a person who gets one can pay it, ask for an internal review, apply for a payment plan or Work and Development Order, or elect to have the Local Court decide it.

Information last verified 27 September 2026 against the Fines Act 1996 (NSW), current to 30 July 2026, and Revenue NSW's published fee pages.

This article covers penalty notices and fine enforcement under the Fines Act 1996 (NSW), administered by Revenue NSW, a division of NSW Treasury, and, for matters that go to court, the Local Court of New South Wales. It does not cover fines in other Australian states or territories. For the Australian Capital Territory, see the ACT fines guide.

Who Handles Fines in New South Wales

Revenue NSW, a division of NSW Treasury, issues, reviews and enforces penalty notices under the Fines Act 1996 (NSW). Matters where a person elects to have a court decide the offence, rather than pay the penalty notice, go to the Local Court of New South Wales. Revenue NSW also runs the Work and Development Order scheme, payment plans, fine reductions and write offs, all under the same Act.

Receiving a Penalty Notice, Cautions and Reminder Notices

An authorised officer who could issue a penalty notice may instead give an official caution under sections 19A and 19B of the Fines Act. Attorney General guidelines published through Revenue NSW guide when a caution is appropriate, but a caution is discretionary: it does not stop the agency from later issuing the penalty notice anyway or taking other action, so a caution is not a guaranteed final outcome.

Once a penalty notice issues, the recipient can pay it, apply for an internal review, nominate another driver for a vehicle or vessel offence, view a camera image, elect to go to court, or, if facing hardship, set up a payment plan or apply for a reduction, write off or Work and Development Order.

If the penalty notice is not paid or actioned, a penalty reminder notice follows under sections 25 to 39, with a new due date at least 21 days after it is served (Revenue NSW describes this as a further 28 days). No fee is added at the reminder stage; costs start with the overdue fine. If the fine is still unpaid after the reminder notice, an overdue fine fee applies: $65 for an adult, $25 for a person under 18, confirmed on Revenue NSW's overdue fines page as read on 27 September 2026.

Internal Review and Nominating Another Driver

A person can apply for an internal review under sections 24A to 24J. The Act requires the notice to be withdrawn on grounds such as a notice issued contrary to law, mistaken identity or exceptional circumstances (section 24E), and Revenue NSW's review guide also allows a caution for some offences where the person has held a licence for more than 10 years with a clear driving record. Applying for a review pauses the due date while Revenue NSW considers it.

For a vehicle or vessel offence such as a speed or red light camera detection, the registered operator can nominate the actual driver instead of paying the fine themselves. Section 38 of the Fines Act and Part 7.3 of the Road Transport Act 2013 govern nomination, sections 23AA and 23AB deal with a fine paid before a nomination, and Revenue NSW's nomination process, not the vehicle owner's identity alone, determines who ultimately faces the penalty and any demerit points recorded against a licence. For the points side of a camera offence, see the NSW demerit points guide and the demerit points lookup tool. For the underlying offences themselves, see speeding fines in Australia and mobile phone detection cameras in Australia.

Electing to Go to Court

Instead of paying, a person can elect to have the Local Court decide the matter under section 23A (before a reminder notice) or sections 35 and 36 (after one), no later than the reminder notice due date. If the fine has already been paid in full, the election must be made within 90 days of the penalty notice being issued, unless an internal review of the notice is under way or has just been decided, when different time limits apply. After the reminder due date, Revenue NSW says a person must prove hindrance, meaning they were prevented from paying or managing the fine before the due date, with evidence such as medical or travel documents; the Act's route is withdrawal of the penalty notice enforcement order under section 47. The Fines Act currently gives no right to withdraw this election, and Revenue NSW says it is too late to withdraw once a Court Attendance Notice has issued. If the court finds the offence proven it can impose a higher fine than the penalty notice, order costs, add a victim support levy, and, for some offences, record a conviction or disqualify a licence.

The Fines Legislation Amendment Act 2026 No 4, which passed Parliament on 10 February 2026 and received assent on 18 February 2026, introduces a 21 day cooling off period that would let a person withdraw a court election to pursue an internal review or another option instead. As of this article's last verification, that part of the amending Act had not commenced. The Fines Act's own currency note lists it as uncommenced, and the responsible minister's release described commencement as expected before the end of 2026. Readers should confirm current commencement status with Revenue NSW before relying on a right to withdraw a court election.

Hardship: Work and Development Orders, Time to Pay and Write Off

A Work and Development Order, set out in sections 99A to 99K, lets a person clear all or part of an unpaid fine through unpaid work for an approved organisation, medical or mental health treatment, an educational or vocational course, financial or other counselling, drug or alcohol treatment, or a mentoring program.

Eligibility is limited to five statutory grounds under section 99B: mental illness, intellectual disability or cognitive impairment, homelessness, acute economic hardship, or serious addiction to drugs, alcohol or volatile substances. Being under 18 is not, by itself, one of these grounds. Age instead affects the separate community service order track, where a child's order is capped at 100 hours against an adult's 300 hour cap, and the overdue fine fee itself, $25 for a minor against $65 for an adult.

An application goes to the Commissioner and needs an approved person, such as an approved organisation, a qualified social worker or a health practitioner, to agree to supervise it. While a Work and Development Order is in force, no enforcement action can be taken on the fine it covers, and a person can apply even if they live in another state or territory. The only appeal route is the Hardship Review Board under section 99D, which the 2026 reforms expanded from three to five members from 18 February 2026.

Separately, the Commissioner can extend time to pay or allow instalments under section 100, and can write off a fine in whole or part under section 101 where the person lacks and is unlikely to gain the means to pay, civil enforcement has failed or is unlikely to succeed, and the person is unsuitable for a community service order. A written off fine is not always final: it can be reinstated within five years if, for example, a further fine enforcement order is made or the Commissioner finds the person can now pay.

What Happens If You Do Not Pay

Nonpayment moves through a set statutory sequence under Part 4 of the Fines Act.

No stage of this ladder involves imprisonment. Section 125 of the Fines Act states that a person is not liable to be committed to a correctional centre for failing to pay a fine or other penalty by its due date. This is a genuine, current statutory abolition, not merely an informal practice, and it is a real point of difference from the Australian Capital Territory, where imprisonment remains available for unpaid court-imposed fines, even though it does not apply to ordinary traffic infringement notices there either.

Revenue NSW's published fee schedule adds an overdue fine fee of $65 (or $25 for a minor), and up to a further $65 for each additional recovery action such as a licence suspension, a Sheriff's property seizure, a garnishee, a court financial examination, a land charge registration, or removing an interstate or international driving permission, confirmed on the NSW Government's fines and fees page, last updated 25 March 2025.

Interstate Fine Enforcement

Part 5A of the Fines Act lets New South Wales enforce another jurisdiction's fine here, and lets a New South Wales fine enforcement order be enforced in a participating jurisdiction, based on a reciprocal, jurisdiction by jurisdiction arrangement rather than one automatic national scheme. A separate, older Part 5 covers reciprocal enforcement specifically against bodies corporate. Whether a given interstate order will actually be recognised depends on the arrangement in place with that jurisdiction at the time, so a reader relying on this should check current status with Revenue NSW rather than assume automatic cross-border enforcement.

Recent and Pending Reforms

The Fines Legislation Amendment Act 2026 No 4 passed Parliament on 10 February 2026 and received assent on 18 February 2026. Beyond the 21 day court election cooling off period described above, it expanded the Hardship Review Board from three to five members, adding two non-government members, and requires Revenue NSW to tell an applicant in writing of its decision on a Work and Development Order, time to pay or write off application and that the applicant can seek Hardship Review Board review of that decision. Those changes commenced on assent on 18 February 2026. Only the 21 day court election cooling off period awaits a commencement proclamation.

A separate Road Transport Legislation Amendment (Demerit Point Integrity Taskforce) Bill 2026 targets fraud in the driver nomination process described above, aimed at drivers who nominate someone else to avoid demerit points being recorded against their own licence. As of this article's last verification, this bill had passed the Legislative Assembly and was before the Legislative Council. Readers should check the NSW Parliament's bill tracker for its current status before treating it as law.

For the hub covering fine enforcement across every Australian state and territory, see Australia fines and infringement enforcement.

Frequently Asked Questions

Can you go to prison for unpaid fines in New South Wales?

No. Section 125 of the Fines Act 1996 states that a person cannot be committed to a correctional centre for failing to pay a fine or other penalty by its due date. Enforcement instead moves through licence suspension, civil enforcement and, as a last resort, a community service order.

What is a Work and Development Order and who can apply?

A Work and Development Order lets a person clear an unpaid fine through approved work, treatment, education, counselling or a mentoring program instead of paying in cash. Eligibility under section 99B is limited to mental illness, intellectual disability or cognitive impairment, homelessness, acute economic hardship, or serious addiction. Being under 18 is not itself a qualifying ground.

Can I withdraw my election to go to court in New South Wales?

The Fines Act currently gives no right to withdraw, and Revenue NSW says it is too late once a Court Attendance Notice has issued. A 21 day cooling off period allowing withdrawal has passed Parliament in the Fines Legislation Amendment Act 2026 No 4 but had not commenced as of this article's last verification. Confirm current status with Revenue NSW before electing to go to court.

What happens if I ignore a penalty notice in New South Wales?

A reminder notice issues first with a further period to pay and no added fee, then an overdue fine fee of $65 for an adult or $25 for a minor. Continued nonpayment can lead to a fine enforcement order, licence suspension (or, if no licence is held, possible cancellation of vehicle registration), civil enforcement such as garnishee or property seizure, and possibly a community service order, but never imprisonment for the fine itself.

Can I nominate someone else if I get a camera fine in New South Wales?

Yes. For a vehicle or vessel offence the registered operator can nominate the actual driver instead of accepting the penalty themselves. A pending Road Transport Legislation Amendment (Demerit Point Integrity Taskforce) Bill 2026 targets fraudulent use of this process to avoid demerit points being recorded.