Offender levy
The offender levy is an administrative fee to help pay for law enforcement and administration costs.
If you are sentenced in the Supreme, District or Magistrates Court, you need to pay the offender levy. (This does not apply to child offenders.)
The levy is payable on each sentencing event whether or not a conviction is recorded. A sentencing event is a specific date and time at which sentence is passed on an offender. For example, if you were sentenced on 1 October 2023 in relation to four charges, only one levy would be applied.
The levy is not an order of the court and does not form part of any sentence imposed by a judge or magistrate. It is an amount prescribed under the Penalties and Sentences Regulation 2015. It is in addition to any sentence imposed by the court for the offence. It applies if you are found or plead guilty to an offence. The levy is not applied if you are found not guilty of an offence.
If your sentence includes a fine, this is separate to the offender levy. The court will not consider the payment of an offender levy when deciding your penalty or sentence. If you plead guilty online you will still have to pay the offender levy. You have to pay an offender levy whether you appear in person or not. As this is a legislated administrative fee and not part of the penalty or sentence, the court may not tell you about the offender levy. There are notices in the court registry and entrances informing clients of the offender levy.
If you unsuccessfully contest a traffic infringement and you are found guilty, then the offender levy will be applied. This is in addition to any fine or penalty imposed by the court. You cannot appeal the levy or convert the levy payment to community service or a fine option order.
If you go to court diversion for a minor drug offence, you still have to pay the offender levy.
There is no discretion to waive or have the offender levy reduced. The levy is a legislated fee that is automatically applied when an adult is sentenced for an offence.
Paying the levy
The offender levy fee units and rounding rules are set under the Penalties and Sentences Regulation 2015, section 10.
The levy amount is currently:
- $413.90—if the sentence is imposed by the Supreme Court or District Court
- $138.10 —if the sentence is imposed by a Magistrates Court.
You can pay the levy at the court registry on the day it’s applied. Otherwise, you can pay it through the State Penalties Enforcement Registry (SPER) - they will send you an enforcement order advising how and when to pay the levy.
If you don’t pay the levy by the due date on the enforcement order, SPER may take enforcement action against you.
Multiple levies
If all your charges are dealt with at the same time before the same judge or magistrate, you will be charged only one levy.
However, if your charges are dealt with at two separate sentencing events (e.g. some at District Court and some at Magistrates Court, even on the same day), you will be charged two levies.
Additional levies
You won’t be charged an additional levy if:
- your sentence is re-opened
- you apply for a re-hearing
- you appeal your conviction and/or sentence.
Appealing your conviction and sentence
You don’t have to pay the levy if you’ve lodged an appeal against your conviction and sentence.
If your appeal is completely successful and all convictions relating to the sentencing event are overturned on appeal, the levy will be removed/refunded.
If your appeal against conviction isn’t entirely successful, you will have to pay the levy if you haven’t done so.
Additionally, if you appeal the sentence only and the sentence is changed (e.g. the original sentence of 12 months’ probation is overturned and a new sentence of $500 fine is imposed), you still have to pay the levy if you haven’t done so.
Querying the levy
If you believe the levy has been applied incorrectly, you should consult your legal advisor.