Ya know, I wish I was.
In debates before SA State Parliament in 1999, the Democrats fought hard to prevent compulsory school fees from being changed to compulsory materials and service charges. This was because in 1996, the solicitor-general warned the Government it was illegal for the state to charge “tuition fees” in its own schools. The Government responded by labelling the fees as materials and services charges, thereby bringing them under the classification of “goods and services”. On top of the redefinition, it legislated to make the fees compulsory. SA state schools now impose fees ranging from $50 to $450 a year to raise extra money for everything from books to car park maintenance.
The SA government was already feeling the heat. In 1998, legislation was introduced “which will result in fine defaulters no longer being imprisoned for failing to pay fines and expiation fees under a streamlined fine collection system focussing on the obligation of persons who are fined to pay.” It is at this point, my SO at the time, who was a SA teacher commented to me she knew of parents not just in the sytem for having refused to pay compulsory school fees, but other parents already in jail for failing to pay.
“Under the old system, imprisonment was the primary sanction for fine default, but this is outdated and inappropriate resulting in fines not being collected and people being imprisoned - not for serious crime, but for what is essentially a debt,” Mr Griffin says.
Prior to all this crap, a parent who did not pay compulsory school fees was subject to fines. A fine default led to jail time, not just because it was the “primary sanction” according to the state AG, but because the state wanted to make examples of some of the more vocal opponents. At the time SA made no distinction between those who did not pay fines as a result of traffic violations or those who failed to pay fines as a result of failure to pay compulsory school fees.
Today, under the compulsory materials and services charges, failure to pay means you can still pay fines, but you won’t go to jail under the state law. OTOH, by making the compulsory materials and services charges subject to the federal GST law, the state is shaking its hands of enforcement to some degree and making the federal government accountable as well. A parent who fails to pay the state compulsory mandatory materials and services charges is also failing to pay the mandatory federal GST as well.
South Australia is using the ATO to go after those who don’t pay the pseudo state compulsory school fees.