StandardCriminal Law
Lesson 10 of 20
Working draft for principal review. Items marked "review" are legal-basis points written from memory and awaiting confirmation before release.
Module 3, Lesson 10

The Traffic Offenders Program

What the program is, why the court expects it, how to enrol this week, and what the certificate does at sentence.

Reading time 3 minCharge s 111 Road Transport Act 2013, first offenceApplies to NSW Local Court

10.1What the program is and is not

The Traffic Offenders Intervention Program is a court-recognised educational program delivered by accredited providers under a scheme administered through the Local Court [review: the current administrative basis; the program was historically endorsed by the Chief Magistrate and is run by providers listed by the court]. Completion is not a sentencing option and confers no statutory benefit. Its value is evidentiary: it is accepted by Judges as evidence of insight, remorse and reduced risk, and its absence in a driving matter where s 10 is sought is noticed.

10.2Referral and self-referral

Some courts refer offenders formally at the first mention; most providers accept self-referral before any court appearance. The practitioner advises self-referral immediately on instructions, because the sessions run weekly and a course started at the first mention may not finish before the adjourned date.

10.3The certificate

The provider issues a certificate of completion identifying the participant, the program, the dates and, in some cases, the participant's engagement. It is tendered with the subjective material and referred to in submissions under s 10(3)(a) and, on the question of specific deterrence, under the general purposes of sentencing in s 3A. A provider's report that goes beyond attendance to comment on engagement is more valuable than a bare certificate.

10.4Cost and accessibility

Fees vary by provider [review: typical range]; fee relief is sometimes available. Online delivery has made the program accessible to regional clients who previously could not attend, and the court accepts online completion.

For the file

What a practitioner records at this stage

Provider, enrolment date, expected completion date, and whether an adjournment will be needed to complete it.