- applications for internal reviews based on this ground must be made within 14 days of the applicant becoming aware of the infringement notice,
- note that an application for an internal review on this ground does not result in a cancellation of the infringement, instead it gives the person an extra 21 days to consider their options for dealing with the infringement.
An application for an internal review can be made on more than one of the grounds listed above. A young person (i.e. under 18 years of age) can apply for an internal review. Note that it is not possible to apply for an internal review for drug-driving or drink-driving offences, for boating offences, or for excessive speeding offences (i.e. more than 130 km per hour or 25 km per hour over the speed limit).
Internal review process
Each internal review is conducted by an officer who was not involved with issuing the infringement. Reviews must be completed within 90 days of the enforcement agency receiving the application; although, this can be increased by up to 35 days if the agency seeks additional information.
If you cannot supply such additional information within 14 days of being asked to do so by the enforcement agency, you can request an extension of time. The agency can take additional information into account in deciding your application, even if you provide it out of time. However, the agency is not obliged to consider extra information supplied out of time, so request an extension of time if needed.
Once an enforcement agency receives an application for an internal review, it must suspend any enforcement action until it has completed the internal review and advised you of the outcome.
The agency may decide to cancel the fine and instead issue you with an official warning. If the agency withdraws or cancels the notice, no further action will be taken against you.
If the agency does not withdraw or cancel the notice, you need to consider your options, such as paying the fine, paying the fine by instalments, obtaining an extension of time in which to pay the fine, or contesting the fine by referring the matter to court. Note that unless you have applied for an internal review based on special circumstances, an agency may refuse your application for an internal review and refer the matter to court (see ‘Going to court’, below). This is a risk you need to be aware of if you apply for an internal review on grounds other than special circumstances.
If you opt to pay the fine, you should pay by the due date on the agency’s notice of its decision or, if no due date is specified, pay within 14 days of receiving notice of the agency’s decision. You can also apply for a work and development permit (see ‘Option 9: Apply for a work and development permit’, below).
Note that if you do nothing, the infringement will be registered with Fines Victoria. You can then apply for an enforcement review based on any of the grounds outlined below including special circumstances if special circumstances apply (see ‘Option 7: Apply for an enforcement review from Fines Victoria’, below).
Special circumstances: Overview
In August 2022, aspects of the Public Health and Wellbeing Amendment (Pandemic Management) Act 2021 (Vic) (‘PHWA(PM) Act’) relating to infringements commenced. This legislation makes significant changes to the meaning of special circumstances and introduces a concessional scheme for COVID-19 fines (see ‘COVID-19 related fines’, below).
The PHWA(PM) Act changed the special circumstances ‘nexus’ threshold from ‘resulted in’ being unable to understand or control the conduct constituting the offence to ‘contributed to a significantly reduced capacity to’ understand or control the conduct constituting the offence.
The PHWA(PM) Act also introduced a new category of special circumstances called the ‘long-term circumstances test’, which does not require a link between the issuing of the fines and the person’s circumstances.
For the purposes of the infringements system, special circumstances are:
- a mental or intellectual disability, disorder, disease or illness or a serious addiction to drugs, alcohol or a volatile substance, that contributes to the person having a significantly reduced capacity to:
- understand that conduct is an offence, or
- control conduct that constitutes an offence;
This requires a clear causal link between the person’s special circumstances and the offence; this is called the ‘nexus’.
Special circumstances: Condition or addiction
Importantly, to successfully apply to have your fines cancelled because you have a mental or intellectual condition or a drug or alcohol addiction, you must show either that this condition contributed to you having:
- a significantly reduced capacity to understand that the conduct was an offence, or
- a significantly reduced capacity to control the behaviour that led to the issuing of the fine.
Special circumstances: Homelessness
‘Homelessness’ is defined in regulation 7 the Infringements (General) Regulations 2006 (Vic). A person is homeless if they are:
- sleeping rough;
- couch surfing;
- living in crisis or transitional housing;
- living in accommodation provided under the Supported Accommodation Assistance Act 1994 (Cth);
- unable to adequately access safe and secure housing;
- living in a rooming house and do not have a secure tenancy.
If you are applying to have your fines cancelled because you were homeless at the time you were fined, you need to show that your homelessness contributed to you having a significantly reduced capacity to control the behaviour that led to the issuing of the fine.
Special circumstances: Family violence
‘Family violence’ is defined in section 5 of the Family Violence Protection Act 2008 (Vic). Family violence is behaviour by a person towards a family member that is physically or sexually abusive, emotionally or psychologically abusive, or economically abusive, or is threatening or coercive, or is in any other way controlling or dominating and causes the family member to fear for their own safety or wellbeing or that of another family member.
Family violence is also behaviour that causes a child to hear or witness, or otherwise be exposed to the effects of, the behaviour outlined above.
If you are applying to have your fines cancelled because you were experiencing family violence at the time you were fined, you need to show that the family violence you experienced contributed to you having a significantly reduced capacity to control the behaviour that led to the issuing of the fine.
Where there are grounds to apply for internal review due to family violence (i.e. special circumstances), you are also likely to be eligible to apply under the Family Violence Scheme (see ‘Option 8: Apply to the Family Violence Scheme’, below).
Special circumstances: Long-term circumstances
You can also apply for special circumstances on the basis that you are experiencing circumstances that are:
- long-term in nature (that is, circumstances that are persistent, continuing indefinitely or for the foreseeable future, or continuing for an extended period of time such as a number of years);
- make it impracticable for you to pay the infringement penalty and any fees or utilise any of the other mechanisms to deal with your fines, such as a work and development permit (see ‘Option 9: Work and development permits’, below); and
- do not relate solely or predominantly to your financial circumstances.
The condition does not have to have been present at the time of the offending, and it does not have to be linked to the offending. This sub-ground of ‘special circumstances’ is intended to apply only to a small group of fine recipients who have long-term and extremely serious circumstances that:
- may not have been present at the time of offending; and
- are particularly disabling or incapacitating in nature (this is not limited to disability).
Examples of where it is impracticable to deal with the fine include where the person’s circumstances are such that they:
- cannot undertake work and and development permit activities because they are unable to participate in relevant activities;
- do not have capacity to instruct a lawyer, financial counsellor or advocate to act on their behalf;
- cannot keep track of or manage their fines because of the long-term, severe condition or circumstance.
While financial circumstances can be considered, the long-term condition or circumstance must be the main cause of the incapacity to use any other option to deal with the fine, including to organise payment. Examples include but are not limited to:
- a person undergoing long-term involuntary mental health care (e.g.they are subject to a community treatment order or a period of involuntary inpatient treatment) that makes them unable to attend courses, treatment or counselling, or to pay the fine;
- a person with a severe physical or intellectual disability that makes them unable to attend courses, treatment or counselling, or to pay the fine;
- a person who is sleeping rough, is isolated and highly transient, and is unlikely to resolve their circumstances in the foreseeable future, and is unable to deal with their fine in any way.
Special circumstances applications
Applications on the grounds of special circumstances should be in writing. Provide some or all of the following information to support your application:
- Provide a detailed explanation of your circumstances to explain why the infringement notice (or registered fine) should be cancelled.
- Provide details of any mental illness or intellectual disability, or any drug or alcohol addiction, your housing status (particularly if you have been homeless) or family violence that may have resulted in you being unable to understand that your conduct constituted an offence or made you unable to control the conduct. Examples of details include the nature of the condition, the status of the condition at the time of the offence, the current status of the condition, steps taken to address the condition (e.g. rehabilitative treatment) and, crucially, the link between your condition and the offence.
- Provide copies of recent reports written by relevant health, housing and other workers (e.g. a case worker, social worker, doctor and psychiatrist) that support your application. These reports should discuss the relevant special circumstances relied on, and the way in which the relevant circumstances contributed to the fines if you are relying on the nexus test, or the way your condition makes it impracticable for you to deal with your fines if you are relying on the long-term circumstances test. You should ensure that the supporting letter is acceptable for the kind of special circumstance that you are relying on. Fines Victoria’s enforcement review application lists which types of medical professionals or support workers can provide evidence.
- Each report should be signed and dated within the last 12 months, although older reports may be acceptable in the case of conditions that do not change over time (e.g. an intellectual disability).
- If you are applying on the basis of a long-term circumstance, evidence that you receive assistance from the National Disability Insurance Scheme or the Disability Support Pension is likely to be of assistance and should be included.
- Provide information about other factors (e.g. an inability to pay) that are not special circumstances in their own right, but can be referred to in an application.
A lawyer from a community legal centre or a financial counsellor can help you write the application (see Chapter 2.4 and Chapter 5.4).
Exceptional circumstances
The term ‘exceptional circumstances’ is not defined in the legislation relating to infringements. However, ‘exceptional circumstances’ may include poverty, old age, physical health issues, vehicle breakdown, acute illness, or language and literacy difficulties that relate to the offence.
Currently there are inconsistencies between various enforcement agencies in their assessment of applications for internal review, particularly in cases of special circumstances. However, there are now guidelines for enforcement agencies that aim to make decision-making more consistent (see https://www.justice.vic.gov.au/internal-review-guidelines-fines-and-enforcement-services). Fines Victoria monitors internal reviews by enforcement agencies and has the power to make recommendations to enforcement agencies about internal reviews. As a result, it is hoped that the internal review process will be more consistent and transparent.
Option 4: Nominate another driver
For some traffic and parking offences, if you are the registered owner of the vehicle but you were not the driver when the alleged offence took place, you can nominate the person who was driving when the offence occurred. You need to provide evidence; for example, the name, address, date of birth, and/or driver licence number of the person who was driving the vehicle, or a statement (a statutory declaration) that the vehicle was stolen.
You cannot nominate another driver if you were issued an on-the-spot fine, or if you were charged with a drink-driving or drug-taking offence, or if your car was unregistered at the time of the offence.
In the case of an excessive speeding offence, you must make a nomination within 28 days of the infringement notice being issued. In the case of all other operator onus offences, a nomination must occur before the infringement is registered with Fines Victoria or the Children’s Court and a notice of final demand is issued (which is typically 49 days from the date of the infringement notice).
If the enforcement agency accepts your statement, it has 12 months to commence court action against the other driver instead of pursuing you.
The enforcement agency may refuse to accept your nomination; for example, if the person you nominate as the driver provides a statement that they were not the driver and the agency accepts their statement or if you provide insufficient detail. The agency has 12 months to commence court action against you from the date your nomination of another driver is refused.
If you were unaware of the fine and therefore did not nominate the driver in the required timeframe, you may be able to apply to the Magistrates’ Court for an infringement extension. If successful, this will give you a further 28 days to deal with your infringement by nominating the responsible person (for more information, see the Magistrates’ Court’s website). It is not possible to apply for an infringement extension for on the-spot infringements.
Option 5: Negotiate a payment plan
You may be able to enter into a payment plan either before or after a notice of final demand has been issued, or after a Magistrates’ Court hearing.
Arrange a payment plan with the enforcement agency
If you do not have enough money to pay the fine within the time limit and a notice of final demand has not been issued by Fines Victoria, try negotiating with the enforcement agency to enter into a payment plan. This will give you more time to pay the fine, or will allow you to pay by instalments (e.g. $20 per fortnight). People under the age of 18 can also apply for a payment plan at this stage. You can also seek to negotiate a payment plan directly with Fines Victoria.
Under the Infringements Act 2006 (Vic), if you have a Centrelink Health Care Card, a Centrelink Pensioner Concession Card, a Department of Veterans’ Affairs Concession Card or a Gold Card, you are automatically entitled to a payment plan (although the enforcement agency still has to agree to the terms of the plan). If you do not have one of these cards, you may still apply for a payment plan and the agency will consider your circumstances (e.g. financial hardship or illness) in deciding whether to agree to such a plan.
Once you apply for a payment plan, any enforcement action is suspended until the application is determined or the payment plan is cancelled.
To apply for a payment plan, write to the enforcement agency as soon as possible after you receive the infringement notice. In the letter, explain your financial circumstances, state how often you would be able to pay, and how much at a time. A financial counsellor can help you work out a payment schedule that you can afford. You may also apply for an instalment plan via telephone.
If the enforcement agency does not give you extra time to pay the fine, you need to decide whether you will pay or contest the fine. You can also apply to Fines Victoria for a payment arrangement instead of the enforcement agency (see ‘Apply to Fines Victoria for a payment arrangement’, below).
If the enforcement agency accepts your application, but you do not make the agreed payments and it has been 14 days since a payment was due, the enforcement agency will send you a written notice advising you that you have 14 days to make a payment. If you do not make a payment or cancel the payment plan, the infringement resumes at the stage it reached in the infringements process when the plan was first entered into (see ‘Option 1: Do nothing’, above). However, phone the agency to try to negotiate an alternative arrangement, such as making up the payment in the next instalment.
If the agency agrees to a payment plan and later withdraws your infringement notice, then the infringement penalty and any associated costs must be removed from your payment plan, or the money refunded if this is your only infringement.
Apply to Fines Victoria for a payment arrangement
You can also apply to Fines Victoria for a payment arrangement, provided that property has not been seized under an enforcement warrant, or a seven-day notice has not expired. Payment arrangements are also available for court fines and multiple infringements; both court fines and multiple infringements can be bundled together into one payment arrangement.
A payment arrangement may give you an extension of time to pay the fine, or it may allow you to pay the fine by instalments.
An application for a payment arrangement can be made online at https://online.fines.vic.gov.au/Pay-by-instalments, or in person at Fines Victoria, or in writing. An application must include your full name and current address, a description of your financial circumstances, and the reason you are applying for a payment arrangement.
Fines Victoria investigates your financial circumstances (i.e. your income, expenses, payment history, and whether you are able to pay off the fine within a reasonable time) before deciding whether to make a payment arrangement. Fines Victoria will also consider your liabilities and financial responsibilities and if you have any dependants.
The monetary limit for a payment arrangement is $40 000 (excluding court fines not managed by Fines Victoria) and the maximum duration is 10 years.
The payment arrangement application might also be refused if you have defaulted four or five times (depending on the exact circumstances) since 31 December 2017. If enforcement action (e.g. a wheel clamp) is already in place, an upfront 20 per cent payment is required. You will not be granted a payment arrangement if you owe more than $40 000 in fines.
Note that if you are not happy with the payment arrangement offered by Fines Victoria, you may ask Fines Victoria to offer a new payment arrangement with different terms and conditions.
If Fines Victoria makes a payment arrangement, the fine is ‘stayed’ (i.e. frozen or suspended) as long as you pay by the time set out in the arrangement or continue to make instalment payments according to the terms of the payment arrangement.
However, if you do not make the agreed payments, enforcement can resume. If you are struggling to keep up with the payment arrangement, you can apply to Fines Victoria for a variation of the payment arrangement. If you miss making any payments on time, try to negotiate with Fines Victoria to repay the amount so that the payment arrangement is not cancelled.
Although experiencing financial hardship is not technically grounds for a review, consider including in your application a request that the prescribed costs and fees added to the original penalty be waived due to any particular circumstances or hardship you may be experiencing. This may result in a significant reduction in the ultimate amount payable under a payment arrangement (see ‘Requests to waive additional fees’, below).
If Fines Victoria refuses to allow you to pay by instalments, and you do not pay the fine within the time limit (21 days from the issue of a notice of final demand), an enforcement warrant may be issued that permits a range of enforcement measures as if you had not taken any action (see ‘What happens if I take no action?’, below).
If you are unable to pay, seek advice from a financial counsellor or lawyer (see Chapter 2.4: Legal services that can help, and Chapter 5.4: Financial counselling services).
Payment arrangements and traffic offences
For a traffic offence where demerit points are part of the penalty, if you arrange to pay by instalments (or pay the fine in full after the time limit specified on the infringement notice) you are still considered to be liable for the offence without having been found guilty in court. The demerit points are still recorded against your licence; however, no conviction is recorded.
Requests to waive additional fees
Under section 9 of the Fines Reform Act 2014 (Vic), you may apply to Fines Victoria if you believe that you should not have to pay some or all of the extra costs that have been added during the infringements process and there are sufficient grounds to vary the amount of those costs.
In certain circumstances, Fines Victoria might agree to vary some of the additional costs that are attached to the fine. This same result might also be achieved by lodging an application for a payment arrangement, which could be lodged simultaneously with an application to waive additional fees (see ‘Apply to Fines Victoria for a payment arrangement’, above).
If Fines Victoria decides to vary the amount of costs you are ordered to pay, it must send you a notice setting out the new amount that you owe.
You have 21 days from the date of the notice in which to pay the original penalty and the new costs (or to apply to enter into a payment arrangement).
There is no formal application form to request Fines Victoria to waive the fees; instead, write a letter. When deciding whether to waive the fees, Fines Victoria will consider whether there were any administrative errors by the enforcement agency or by Fines Victoria that led you to being unaware of the infringement and hence incurring more costs. Fines Victoria will also consider whether there are any other relevant circumstances or hardships that mean you should not have to pay the extra costs. Note that Fines Victoria cannot waive costs ordered by a court in relation to a court fine.
Option 6: Dispute the fine and take the matter to court
If you believe you should not have to pay the fine, or should not have to pay the full amount, you may be able to elect to have the matter heard in the Magistrates’ Court. You may want to take this step if you did not commit the offence and the relevant enforcement agency will not withdraw the notice.
When the enforcement agency sent you the infringement notice or penalty reminder notice, they may have included a form to fill out to elect to have the matter referred to the court. If not, write to the agency to request a referral.
You cannot elect to have a matter heard in the Magistrates’ Court after it has been registered with Fines Victoria as a notice of final demand.
However, there are other ways fines can be heard in the Magistrates’ Court after a notice of final demand has been made. It is important to seek legal advice before electing to have your fines heard in the Magistrates’ Court. This is because the penalties in Magistrates’ Court proceedings can be more severe (see ‘Court penalties’, below).
Going to court is risky. Even if you think you did not commit the offence or you had a good excuse for committing the offence, you are at-risk of being found guilty and being convicted. This would mean you acquire a criminal record. This is particularly risky for people living in Australia on a visa.
Option 7: Apply for an enforcement review from Fines Victoria
Once you have received a notice of final demand, you or a person acting on your behalf can apply to Fines Victoria to review the decision of the enforcement agency that issued the infringement notice.
You can apply for an enforcement review if:
- the decision to issue the infringement notice was contrary to law; or
- the decision to issue the infringement notice involved a mistake of identity; or
- you have special circumstances; or
- you have exceptional circumstances; or
- you were unaware of the infringement.
It is not possible to apply for an enforcement review for drink-driving or drug-driving offences, or for boating offences, or for excessive speeding offences (i.e. any speed over 130 km per hour, or any speed that is 25 km per hour over the applicable speed limit).
Applying for an enforcement review
It is important to seek legal advice if you are considering this option. The procedure for applying for an enforcement review of outstanding fines varies according to your reason for making the application:
- If you did not commit the offence or had a valid reason for committing the offence, you should apply in writing for an enforcement review.
- If there were special or exceptional circumstances, you may apply for an enforcement review. The definition of special and exceptional circumstances is discussed in ‘Option 3’, above.
- If you did not receive the infringement notice or were unaware that the infringement notice had been served, you can apply to Fines Victoria to cancel the fine; applications must be in writing, must be made within 14 days of the applicant becoming aware of the infringement notice, and must explain why the fine should be cancelled. Note that enforcement review applications that are based on the grounds of the applicant being unaware of the infringement notice being served preserve the enforcement agency’s ability to issue a second infringement in accordance with the Infringements Act 2006 (Vic).
Enforcement review applications
Under the Fines Reform Act 2014 (Vic), any person who has received a notice of final demand may apply to Fines Victoria for an enforcement review.
When determining an application for an enforcement review, Fines Victoria has the power to confirm the decision to serve the infringement notice, or, if satisfied that sufficient grounds exist, Fines Victoria can cancel the enforcement of the infringement and refer the matter back to the relevant enforcement agency.
After Fines Victoria has cancelled an enforcement review application, the enforcement agency must notify you (within 90 days) of whether it will withdraw the infringement, or issue an official warning, or commence proceedings in court If an enforcement agency decides to commence proceedings in court, it has six months to do this.
You can check whether an enforcement agency has issued proceedings in court by contacting Fines Victoria or by searching for your name in the criminal list of the Electronic Filing Appearance System (EFAS) on the Magistrates’ Court’s website.
An application for an enforcement review can be made at any time until a seven-day notice expires, or a land charge is recorded, or an attachment of earnings or debt direction is made, the person has become a declared director, or a vehicle is seized under a vehicle seizure and sale notice. Therefore, it is imperative to act quickly to submit an enforcement review application. Once an enforcement review application is lodged, enforcement action is put on hold until a decision is made. You can ask for a three-month extension of time to provide supporting material.
An application for an enforcement review must be in writing and should set out the grounds on which the review is sought. The application does not need to be in the form of a statutory declaration. Application forms are normally sent with the notice of final demand, but can also be accessed on Fines Victoria’s website or completed online at https://online.fines.vic.gov.au/request-a-review.
An application for an enforcement review except on the basis of special circumstances can only be made once for any one infringement. An application for an enforcement review can be made a second time on the basis of special circumstances if the first application is rejected by Fines Victoria. An application for an enforcement review on the basis that you were unaware of the infringement must be made within 14 days of becoming aware of the infringement and cannot be made if you failed to update your address within 14 days of your address changing.
An application for an enforcement review on the basis of the fine being contrary to law, or mistake of identity, or exceptional circumstances, or on the basis that you were unaware of the fine cannot be made after you have submitted that the fine was incurred due to special circumstances. Therefore, if you have multiple grounds on which to seek an enforcement review, it is recommended that you first apply on the grounds other than having special circumstances.
Enforcement review applications where you have special circumstances
If you have special circumstances, you can apply to have the decision to give you an infringement notice reviewed. The definition of ‘special circumstances’ is the same as for an application for an internal review (see ‘Special circumstances’ under ‘Option 3’, above).
An application for an enforcement review on the grounds of special circumstances should include particular information and reports (see ‘Special circumstances applications’, above).
If an application for an enforcement review is urgent, and there is insufficient time to obtain the reports, you can apply to Fines Victoria for a three-month stay of enforcement while you collect your supporting materials. Even where an extension of time is not expressly requested, Fines Victoria usually asks for more information if it is unable to assess your application and gives you 14 days to respond. You can also ask for an extension of time to provide the relevant information and Fines Victoria can grant you up to three months additional time to provide this information.
If your first application for an enforcement review is unsuccessful, you are entitled to apply a second time if you have special circumstances.
A medical report that is submitted with an enforcement review application can cause Fines Victoria or an enforcement agency (particularly Victoria Police) to have concerns about your driving ability and they may share their concerns with VicRoads. If the circumstances described in your application could be seen as affecting your fitness to drive, VicRoads may suspend or cancel your driver licence or ask you for evidence that you are medically fit to drive. VicRoads may also ask that you complete a medical review. If you fail to do this, VicRoads can vary, suspend or cancel your driver licence.
The effect of cancelling the enforcement of an infringement after an enforcement review
If your enforcement review application is successful, this does not mean you do not have to pay the fine. It simply means that Fines Victoria has stopped its action to enforce the fine and has referred the matter back to the enforcement agency for reconsideration.
The agency then has six months to decide whether it:
- does nothing and thereby withdraws the infringement notice; or
- withdraws the infringement notice and issues an official warning; or
- issues a charge and summons to prosecute the fines in the Magistrates’ Court.
If the enforcement agency withdraws the infringement notice, you do not have to appear in the Magistrates’ Court and do not have to pay the fine.
If the enforcement agency elects to prosecute, it must advise Fines Victoria of the commencement of that proceeding and the Magistrates’ Court, which will list the matter for a hearing.
If an enforcement agency chooses to prosecute, and issues a charge and summons, your matter will be heard in the Magistrates’ Court. This means that if you plead guilty, or are found to be guilty, you will have a finding of guilt on your criminal record.
Administrative sanctions and enforcement review
After a notice of final demand is issued, Fines Victoria has broad powers to apply administrative sanctions, including suspending, not granting or not renewing a person’s driver licence or registration.
If your licence or registration has been suspended and you have applied for an enforcement review, you may request, as part of your application, that these administrative sanctions are lifted based on your circumstances pending your application being determined. Note that if your enforcement review application is successful, Fines Victoria must direct VicRoads to cease any driver or vehicle sanctions.
Option 8: Apply to the Family Violence Scheme
The Family Violence Scheme is an option for people who have experienced family violence and who have accrued fines as a result of family violence.
An application can be made to the scheme for the fine to be withdrawn if family violence substantially contributed to the offence or it is not safe for you to name the responsible person.
Applications to the scheme can be made at any stage in the infringements process before:
- a seven-day notice expires; or
- an attachment of earnings or attachment of debt direction is made; or
- a land charge is recorded; or
- property is seized or a vehicle seizure and sale notice is issued; or
- the infringement is paid in full; or
- an application is made for an enforcement review on the basis of family violence special circumstances; or
- you have elected to go to court or the fine is referred to a court by an enforcement agency.
Certain types of offences cannot be dealt with under the scheme, including excessive speeding, drink-driving, drug-driving and boating offences.
Your application needs to establish that the family violence substantially contributed to your inability to control the conduct that constituted the offence, or that you were the registered operator of a vehicle but the family violence substantially contributed to you being unable to nominate a person as the driver.
For example, you might be eligible under the Family Violence Scheme if you were speeding or running red lights to escape a perpetrator of family violence. Similarly, you may be eligible for the scheme if a perpetrator of family violence accrued tollway fines in your name and it was unsafe to nominate them or stop them from using your car.
Family violence can also include instances of elder abuse by children and grandchildren against older family members. (For information about elder abuse, see Chapter 9.2: Legal issues affecting older people.)
Applications are determined by a specialist trained family violence team within Fines Victoria.
To apply, complete the Family Violence Scheme application form. Your application needs to include at least one supporting document – this can be a document prepared by a relevant authority or professional, or a statutory declaration prepared by you if you do not have a relevant professional who can provide supporting material. The documents accompanying your application should establish the connection between the family violence and the fine.
When an application to the scheme is approved, the relevant fines are cancelled and any demerit points accrued are reinstated. Hence, this option is far more attractive than special circumstances on the grounds of family violence. If the application is successful, there is no need for the applicant to attend court.
Where you are not the driver accumulating the fines, you can defer nominating another driver for up to six months. This allows you time to consider whether nominating another driver is a safe option. However, even if you decide not to nominate another driver, all the fines that are the subject of a successful application under the scheme will be cancelled.
The Director of Fines Victoria retains the power to send fines back to enforcement agencies for prosecution in limited circumstances, which could result in you being summoned to court. However, the Director of Fines Victoria has indicated that an applicant will be given an opportunity to withdraw their application before this occurs, which means there is no risk of the matter being heard in court unless you agree to it. There is a small risk that Fines Victoria will notify the police if they assess that you are in immediate danger.
You should read Fines Victoria’s ‘Guide to the Family Violence Scheme’ and seek assistance from a community legal centre (see Chapter 2.4: Legal services that can help) or a financial counsellor (see Chapter 5.4: Financial counselling services).
Option 9: Apply for a work and development permit
Work and development permits (WDPs) are currently only available for infringement fines and are not available for court fines. Fines Victoria may approve, vary, suspend or cancel a WDP.
A WDP enables you to pay off an unpaid fine through non-monetary means, such as:
- undergoing treatment by an accredited health practitioner;
- participating in community work;
- completing an approved educational course;
- receiving financial or other counselling;
- participating in a mentoring program (if you are under 25 years of age).
You may apply for a WDP if you:
- have a mental or intellectual disability, disorder or illness; or
- are addicted to drugs or alcohol; or
- are experiencing homelessness; or
- are experiencing acute financial hardship; or
- have experienced family violence.
Applications for WDPs are made by an ‘accredited agency’ or ‘accredited health practitioner’. This agency or practitioner effectively acts as your supervisor for the purposes of completing the WDP.
An application for a WDP can be made at any stage of the infringements process, except where:
- an infringement is paid;
- a seven-day notice has expired;
- an attachment of earnings direction or an attachment of debts direction has been made;
- a land charge has been recorded;
- property has been seized under a vehicle seizure and sale notice; or
- an infringement has been registered with the Children’s Court.
The work-off rates for WDPs is:
- 6.6 penalty units per month for drug and alcohol counselling and medical treatment (for the 2022–2023 financial year, this is $1220); and
- 0.3 penalty units per hour for all other activities (for the 2022–2023 financial year, this is $55).
Once a WDP is in place, any enforcement of the fines included in the WDP is suspended. If you complete the WDP, the proportion of the fines worked off under the WDP will be considered dealt with. If you cannot complete the WDP, consider the other options listed above for dealing with the remainder of your unpaid fines or seek a waiver under section 10F of the Fines Reform Act 2014 (Vic) for the remaining fines. If you are interested in a WDP, seek legal advice (see Chapter 2.4: Legal services that can help) or advice from a financial counsellor (see Chapter 5.4: Financial counselling services) to find out whether you are eligible and if there are suitable accredited sponsors who can assist you.
Unfortunately, at the time of writing (1 July 2022), there is no centralised, publicly available list of accredited agencies that offer WDPs. There is also a limited number of sponsor agencies; however, it is expected that as the WDP scheme rolls out, more sponsors will become available. For the most up-to-date list of WDP sponsors, contact Fines Victoria on 1300 323 483.
What happens if I take no action?
If you take no action in relation to outstanding fines, they will eventually be enforced against you. After a notice of final demand is issued by Fines Victoria, you are vulnerable to a range of sanctions (see pts 6, 7, 8, 9, 10, 11, 12 Fines Reform Act 2014 (Vic) (‘FR Act‘)).
Suspension of driver licence and vehicle registration
Under Part 8 of the FR Act, the sheriff may direct VicRoads to suspend a driver licence or suspend the registration of a person’s vehicle, whether or not the person’s infringement was a vehicle offence. This action can only be taken if you have been issued with a notice of final demand and you do not pay the outstanding fine or have taken no other action. The sheriff may also direct VicRoads to not renew a driver licence or vehicle registration, or to not transfer a registration. Where multiple enforcement warrants have been issued against you, Fines Victoria can make one direction about all of them.
Fines Victoria must direct VicRoads to end your driver licence suspension if:
- you pay your fines in full; or
- you apply for and are approved for a payment arrangement; or
- you apply for an enforcement review and it is granted; or
- an attachment of earning debt direction is made; or
- sufficient property is seized to cover your fines; or
- you are arrested.
Attachment of earnings or debts direction
Under Part 7 of the FR Act, where the amount of your fines exceeds $1000, Fines Victoria has the power to make a direction that your employer, or someone who owes you money, pay that money to Fines Victoria.
An attachment of earnings direction is a direction to your employer to pay a proportion of your wages or benefits to Fines Victoria to satisfy your outstanding fines.
An attachment of debts direction is a direction that requires a third person who owes you money to pay Fines Victoria instead of paying you to pay off your outstanding fines.
Under the FR Act and FR Regulations, there is a protected level of income; an attachment of earnings or a debts direction cannot be applied to this income. Regulation 18 of the FR Regulations states that the protected level of income is ‘the weekly rate for a year commencing on 1 January that is 75 per cent of the maximum fortnightly basic rate of the JobSeeker Payment, payable on 1 January in that year to a person who:
- is partnered; and
- has turned 21 years of age; and
- is without dependant children.’
As at 1 July 2022, the partnered JobSeeker Payment is $585.30 per fortnight or $292.70 per week. Seventy-five per cent of this income is $439.80 per fortnight or $219.90 per week.
Section 68 of the FR Act enables a fine defaulter to apply within 14 days for a variation or cancellation of an attachment of earnings direction where the direction would cause them to experience financial hardship or would result in the fine defaulter’s earnings to fall below the protected level.
It is anticipated that Fines Victoria may pursue attachment of earnings and debt directions, including against Centrelink recipients. The protections in the Judgment Debt Recovery Act 1984 (Vic) for people considered ‘judgment proof’ do not apply to infringements.
Charges over and sale of real property
Charges over real property (i.e. land) are a last resort. However, if you owe a total of $2000 or more in infringements or court fines in your name – and if other enforcement action has been unsuccessful, or unsatisfactory, or is not possible or is not appropriate – the Director of Fines Victoria may apply to the Registrar of Titles for a land charge to be recorded against land that you own or co-own.
If the charge remains on the land for more than 28 days, Fines Victoria may serve a notice of intention to sell the land. If, within 14 days of the notice being served, no payment has been made and the amount owed under the warrant is still outstanding, the Director of Fines Victoria may apply to the Supreme Court for an order permitting the sale of the land.
Sale of land can occur even if the property is jointly owned. If a charge is recorded against real property you own or jointly own, it is essential that you seek legal advice urgently (see Chapter 2.4: Legal services that can help). Also consider seeking financial counselling (see Chapter 5.4: Financial counselling services).
In addition to the administrative sanctions listed above, once an enforcement warrant is issued, you are also vulnerable to further enforcement action (see pts 10, 11, 12 FR Act).
Detention, immobilisation and sale of vehicles
Part 11 of the FR Act gives the sheriff or a police officer the power to detain and immobilise a vehicle (e.g. by wheel-clamping the vehicle or towing it away) when an enforcement warrant has been issued against the registered owner.
This action may be taken as long as an enforcement warrant has been issued, whether or not a seven-day notice has been served.
If your vehicle is detained or immobilised, you have seven days to do one of the following to ensure that your vehicle is released:
- pay the outstanding fine plus any costs incurred by the detention, immobilisation or impoundment of the vehicle; or
- enter into a payment arrangement; or
- enter into an attachment of earnings order or an attachment of debts direction (see ‘Attachment of earnings or debts direction’, above).
Your vehicle must also be released if:
- an application for an enforcement review is granted by Fines Victoria; however, you cannot lodge an enforcement review application after your car is seized under a vehicle seizure and sale notice (this is different to a detention or immobilisation notice, which does not prevent the making of an enforcement review application);
- sufficient property is seized to satisfy the outstanding amount;
- you are arrested;
- all enforcement warrants are recalled and cancelled by Fines Victoria.
If none of the above actions occur within seven days, the sheriff may seize the vehicle and anything left in or on the vehicle and give you 14 days’ notice of an intention to sell the vehicle (or anything in or on the vehicle).
Any money left from the sale of the vehicle – after the outstanding fines are paid and the costs of detaining and selling the vehicle are covered – is paid to the vehicle’s registered owner.
Part 11 of the FR Act applies if one or more enforcement warrants have been issued against the registered owner of a vehicle. This means that action taken to immobilise, detain or remove your vehicle can continue until all your outstanding warrants have been dealt with.
The FR Act specifically allows a vehicle to be sold, even when it is the owner’s primary mode of transport and is of any value. This specifically excludes the operation of section 42 of the Supreme Court Act 1986 (Vic), which would otherwise protect people from having their vehicle seized and sold.
Removal of number plates
Under Part 12 of the FR Act, if an enforcement warrant has been issued, the sheriff or a police officer has the power to remove the number plates from your vehicle and order the suspension of your registration.
This has the effect of increasing the chance that you will be intercepted by police while driving and enable them to execute the enforcement warrant by arresting and bailing you to attend a section 165 hearing (see ‘6 Enforcement warrant hearings (‘section 165 hearings’)’, below).
If number plates are removed, a notice must be placed on the windscreen advising of the removal.
Number plates must be returned if:
- payment is made in full; or
- a payment arrangement is made and typically a lump sum deposit is paid; or
- an attachment of earnings or debts direction has been made; or
- an application for an enforcement review is granted; or
- sufficient property is seized to cover your fines; or
- you are arrested.
Arrest and community work permits
You may be arrested under an enforcement warrant if you do not have enough personal property to cover the amount owed and there are no other means of dealing with the fine.
At this stage, you can either be bailed to appear in court under section 165 of the FR Act, or you may be eligible for a community work permit (CWP).
If you are bailed to appear in court, it is very important to seek legal advice before the court hearing (see Chapter 2.4: Legal services that can help). Also see ‘6 Enforcement warrant hearings (‘section 165 hearings’)’, below.
If you are eligible for a CWP and agree to the terms, you can complete unpaid community work under supervision instead of going to court.
You may not be eligible for a CWP if:
- your outstanding fines exceed 100 penalty units; or
- the sheriff thinks you do not have the capacity to perform unpaid community work (e.g. you have a physical, intellectual or mental disability that prevents you from doing the work required); or
- you have no fixed address; or
- you are likely to contravene the conditions of a CWP.
If you breach the CWP conditions without a reasonable excuse, you are guilty of an offence, which may lead to a court-imposed fine.
If you fail to comply with a CWP, you may have to go to court and the magistrate may decide to cancel the CWP and give you a different sentence (see ‘6 Enforcement warrant hearings (‘section 165 hearings’)’, below).
Under a CWP, the number of hours you are required to work is calculated at the rate of 0.2 of a penalty unit per hour until the penalty is paid (unless the court sets a different number of hours).There is a minimum of eight hours to be worked and a maximum of 500 hours.
The FR Act sets out deadlines for completion of hours under a CWP (e.g. you have six months to complete 125 hours).
Therefore, you must have enough free time to commit to community work. You cannot be made to complete more than 20 hours of community work per week. However, you can request to work up to 40 hours per week if you can manage it and you want to work-off the debt more quickly.
COVID-19 related fines
In response to the spread of the COVID-19 pandemic throughout Victoria, on 16 March 2020, the Victorian Minister for Health declared a State of Emergency throughout Victoria using her powers under section 198 of the Public Health and Wellbeing Act 2008 (Vic). On 2 August 2020, the Premier of Victoria, Daniel Andrews, elevated the State of Emergency to a State of Disaster for the whole of Victoria using his powers under section 23(1) of the Emergency Management Act 1986 (Vic). Under both the State of Emergency and State of Disaster, various new powers have been given to the Chief Health Officer of Victoria, or a person they authorise, to make directions that must be followed, the same as other laws. The directions everyone must follow change regularly.
To see what directions currently apply, see www.coronavirus.vic.gov.au.
Who can give me a fine?
Different agencies ensure the Chief Health Officer’s directions are followed. Police officers and other authorised people can fine you if you do not follow these directions. Agencies can give you a warning instead of a fine; however, it is up to the relevant agency. If you are fined, you will receive an infringement notice.
COVID-19 related penalties frequently change. Current penalties can be found at https://www.coronavirus.vic.gov.au/health-advice.
What are my options?
Your options for dealing with a COVID-19 related fine are the same as for other fines (see Options 1–9 listed above).
COVID-19 fine reviews
Police say they will review (check) the fines given to people for not following rules related to COVID-19. It is possible that through this process, the police may withdraw (cancel) your fine. However, as police may not withdraw your fine, you should take action before the payment due date.
You can ask for a review of your fine if:
- you think the police officer made a mistake giving you the fine; for example, what you did was not against the law, or the police officer thought you were a different person;
- there were exceptional circumstances; this means there was something very unusual or special about what happened;
- you have special circumstances that meant you could not understand or follow the directions; special circumstances include mental illness, intellectual disability, drug addiction, family violence or homelessness (see ‘Special circumstances’, above);
- you contravened a direction because of family violence.
To request a review of your fine, apply online or contact Fines Victoria.
The police may agree or refuse to withdraw your fine. Or, the police may withdraw your fine and give you an official warning instead. A warning means that police say what you did is against the law and you must not do it again. If the police do not withdraw your fine, you have a range of options available – see Options 5–9 listed above. Be aware that in certain limited circumstances, the police may also decide to prosecute the offence in the Magistrates’ Court (see ‘Appearing in the Magistrates’ Court’ in ‘Going to court for fines‘).
What if I am under 18?
If you were under 18 when you received a COVID-19 related fine, you can apply for an internal review on the same grounds as an adult. If the fine is not withdrawn and you do not pay it, you will usually be referred to CAYPINS. If you still do not pay your fine, it will go to the Children’s Court and you will be sent a Notice of Court Case.
When you get the notice, you have five options:
- pay your fine before the due date on the notice;
- ask for more time to pay the fine;
- ask for the fine to be reduced (the fine can be reduced to $0 if you do not have an income);
- ask for your hearing to be adjourned;
- ask for your matter to be heard in the Children’s Court if you do not think you should pay the fine.
What if I want to pay my COVID-19 fine but can’t afford it?
The Public Health and Wellbeing Amendment (Pandemic Management) Act 2021 (Vic) (‘PHWA(PM) Act‘) also introduced a concession-based scheme for COVID-19 fines, meaning that eligible recipients of COVID-19 fines can apply for a reduction of their COVID-19 fine penalty. The PHWA(PM) Act has created a mechanism that is specific and limited to COVID-19 fine recipients to apply to the Director of Fines Victoria for a reduced infringement penalty amount if the person can satisfy prescribed criteria. This is limited to fines issued for offences under the Public Health and Wellbeing Act 2008 (Vic) relating to the exercise of a power under that Act connected with the COVID-19 pandemic.
To be eligible for the scheme, a person must have one of the following concessions:
- a Services Australia Health Care Card;
- a Services Australia Pensioner Concession Card;
- a Department of Veterans’ Affairs Health Care Card (a Gold Card);
- a Commonwealth Seniors Health Card;
- an Immi Card issued by the Department of Home Affairs; or
- a PTV Asylum Seeker ID Card.
Some visas entitle their holders to a concessional penalty. If a person is not an Australian citizen, to be eligible for the scheme, they must be an applicant for or a holder of a certain Australian visas (namely: 010: Bridging A; 030: Bridging C; 050: Bridging (General); 051: Bridging (Protection Visa Applicant); 200: Refugee; 201: In-Country Special Humanitarian; 202: Global Special Humanitarian; 203: Emergency Rescue; 204: Woman At Risk; 449: Humanitarian Stay (Temporary); 785: Temporary Protection; 786: Temporary (Humanitarian Concern); 790: Safe Haven Enterprise; and 866: Protection).
A person who holds a Bridging A, Bridging C or Bridging (General) visa is only be eligible for the scheme if their visa was issued in relation to an application for one of the other substantive visas listed above. This is because these bridging visas can also be issued to applicants who have applied for other substantive visa types (e.g. partner visas or skilled migration visas).
Fines for driving on a toll road without paying
Driving on a toll road – namely Linkt (formerly known as Citylink) or Eastlink – ‘unauthorised’, that is without paying, is a criminal offence for which infringements are routinely issued. However, these fines start off as civil debts payable to the toll road operator company, that is Transurban (for Linkt) or Connect East (for Eastlink). Sometimes the toll road operators use debt collectors to pursue people for unpaid toll fees before referring the matters to become fines.
What are my options at civil debt stage?
At the civil debt stage, hardship options are available from the toll road operator. This can include payment plans, waivers of late fees, or waivers of the whole outstanding amount. It is worth contacting the relevant toll road operator if your toll debts are the result of an inability to pay, family violence, health issues or other difficulties. Transurban’s hardship team is called Linkt Assist. Eastlink does not have a dedicated hardship team. Hardship resolutions need to be negotiated with the toll road operator. The Tolling Customer Ombudsman is available if you are not satisfied with the outcome.
What are my options once an infringement has been issued?
If toll road fees remain unpaid for 180 days, toll road operators usually refer the matters to the Victoria Police Toll Enforcement Office. Victoria Police issues and manages the fine in the same way other fines are administered. Toll road infringement notices are valued at one penalty unit, so a lot more than the fees owed to the toll road companies. You can make the same applications to deal with your toll fines as all other fines (see Options 1–9, above), including enforcement review, the Family Violence Scheme or a work and development permit once the fines have been referred to Victoria Police.
The Justice Legislation (Fines Reform and Other Matters) Act 2022 (Vic) was recently passed but, at the time of writing (1 July 2022), has not yet commenced. This legislation introduces a power for toll road operators to require Victoria Police to withdraw a toll road fine where the toll road operator requests it. This means if a toll road company becomes aware that a customer’s toll fines are the result of financial or other hardship, they can contact Victoria Police to have the fine withdrawn at any stage in the life of the fine.
It is not known when these new processes will commence, or if both toll road companies will use the scheme. You should contact the relevant toll road operator to ask if your fines can be withdrawn under this scheme. Also check if you have any toll debts that have not reached infringement stage.
