Fines: An overview
There are two different types of fines your client might have:
- Infringement fines
Police and other enforcement agencies can give on-the-spot infringement fines or send infringement fine notices by mail. They do this for common offences like failing to have a valid public transport ticket or speeding. - Court fines
A court may sentence your client with a fine. This is called a court fine.
There are a variety of options available to address infringement fines. Your client might be able to have them waived (cancelled), including if they had ‘special circumstances’ when they got the fine.
In comparison, the options available to deal with court fines are much more limited. Generally, a payment plan is the best option.
Getting a list of your client’s fines
As a starting point you may wish to help your client obtain a list of their fines.
There are several options available to get a list of your client’s fines:
- Call Fines Victoria when your client is with you. Ask how many fines your client has and ask for an obligation number for one of these fines.
- Use your client’s fine obligation number to search online for a list of your client’s fines. This may not show all your client’s fines. To check if all your client’s fines are included, call or email Fines Victoria.
- Email Fines Victoria (enquiries@fines.vic.gov.au). You can use the template email below. You must include:
- written consent from your client permitting Fines Victoria to give you information about their fine
- your client’s name
- your client’s date of birth
- three forms of identification, such as a copy of your client’s drivers’ licence, registration number or previous address. We do not recommend providing a current address, due to the risk of enforcement activity.
Fines Victoria
GPO Box 1916 Melbourne VIC 3001
By email: enquiries@fines.vic.gov.au
Requesting information from Fines Victoria
Template email requesting information from Fines Victoria
Fines Victoria
GPO Box 1916 Melbourne VIC 3001 By email: enquiries@justice.vic.gov.au
Dear Sir/Madam
Request for information in relation to [Name of client]
We act for [name of client]; our written consent form is attached.
[Name of client] instructs that he/she/they may have outstanding infringement and/or court fines.
Please forward the following information to me at the below address:
- a list of all [name of client] outstanding infringement and court fines;
- any fines referred or registered with Fines Victoria;
- any orders that have been made in relation to any fines; and
- any current payment arrangements.
We would appreciate a Debtor Summary Report C and D, any court fine collection statement and/or any enforcement order hearing statement as applicable.
To assist you in responding to our request, we provide the following information about [Name of client]:
Full name: [full name (including middle name) of client or any previous names of client]
Date of birth: [DOB]
Previous addresses: [previous addresses]
Vehicle registrations: [vehicle registrations]
If you have any questions, please call me on [insert number].
Yours faithfully
When you request a list of your client’s fines you can also request an ‘Extension of time to pay’ on the fines. This will generally operate as a hold and stop the fines from progressing through the stages below while you refer the client to legal assistance or provide assistance yourself.
Stages of an infringement fine
Options are different depending on stage the infringement fine is at:
- Infringement stage: this stage includes an infringement notice and penalty reminder notice which will generally be sent by the agency that issued the fine.
- Enforcement stage: this stage includes a Notice of Final Demand which will be sent by Fines Victoria.
- Warrant stage: this stage includes enforcement warrant and 7 day notice. A 7 day notice is generally personally served by the Sheriff.
Options at the infringement stage
Your client can pay their fine in full, request a payment plan, or in some instances request the matter is dealt with at the Magistrates’ Court. We generally advise against taking it to the Magistrates’ Court. Otherwise, consider the options below for dealing with the fine at this stage.
If your client does not address the fine at the infringement stage, it will likely be referred to Fines Victoria for enforcement action and further fees will be added. See Options at the Enforcement and Warrant Stage.
- Person unaware
- Nominate the person driving
- Apply to have fines cancelled because of ‘special circumstances'
- Apply to have fines cancelled because of ‘exceptional circumstances’
- Apply to have fines cancelled under the Family violence Scheme
- Apply to work off the fine under a Work and Development Permit
- Apply to have the fine cancelled because it was issued unlawfully
- Toll fines & hardship
Person unaware
If your client has fines but did not receive them or was unaware they were issued, they can ask the issuing agency for more time to deal with them. This is called an application for persons unaware. Things to consider:
- an application for more time to deal with an infringement should be made directly to the issuing agency within 14 days of your client becoming aware the infringement exists.
- the issuing agency may deny the request for more time if your client did not update their address with VicRoads.
- if your application is accepted, your client will be given an extra 21 days to take steps to resolve the infringement (see below).
Nominate the person driving
If your client wasn’t in control of the vehicle when a driving related fine was issued, they can nominate another driver. This is not available if:
- The infringement was issued in person or on-the-spot.
- The infringement was for a drink or drug-driving offence.
- The vehicle was unregistered at the time of the offence.
If the fine was for excessive speeding, the nomination must be made in 28 days. If they find out about the fine after the 28 days, they can apply to the Magistrates’ Court to ask for an extension of time. This application must be lodged in 14 days of finding out about the fine.
If the person in control of the vehicle was perpetrating family violence against your client see Apply to the Family Violence Scheme below.
Apply to have fines cancelled because of ‘special circumstances'
Your client may apply for their infringement fine to be waived (cancelled) if they had ‘special circumstances’ when they got the fine. An application at this stage is called an internal review and is lodged with the agency that issued the fine.
Special circumstances include:
- Homelessness (including living in crisis accommodation, transitional accommodation, a boarding house or moving between temporary forms of accommodation)
- drug and or alcohol addiction
- mental or intellectual disability or illness
- family violence (victim/ survivor)
- serious long-term circumstances that make it impossible to deal with the fines but aren’t purely related to financial hardship.
Importantly, your client will need to show that there is a link between the special circumstance and the behaviour that led to the fine. Depending on the special circumstance, they will need to either show that it significantly reduced their capacity to understand, or control, the behaviour that led to the fine.
You can write a supporting letter to help your client with their application. See our template support letter.
Examples:
- Your client has an acquired brain injury which impacts their memory. As a result, they forget to ‘touch on’ to the tram and receive a fine. The client’s brain injury significantly contributed to their ability to control the conduct that resulted in the fine.
- Your client has an alcohol dependency. They receive a fine for having an open bottle of wine in public. The alcohol dependency significantly contributed to their ability to control the conduct that led to the fine.
- Your client is homeless and couch surfing with several friends and family members who live in different suburbs across Melbourne. Your client incurred a number of toll fines while driving between these households. Their homelessness significantly reduced their capacity to control the conduct that led to the fines.
- Your client is sleeping rough, long-term unemployed, highly transient and unable to deal with their fines in any way. It is unlikely they will have a change in these circumstances in the foreseeable future. Based on these long-term circumstances your client is unable to address their fines.
Apply to have fines cancelled because of ‘exceptional circumstances’
Your client may apply to have their infringement fine to be waived (cancelled) if they believe it was incurred due to ‘exceptional circumstances’. An application at this stage is called an internal review and is lodged with the agency that issued the fine.
For the purpose of this application there is no definition of ‘exceptional circumstances’. It is likely to include a broader range of situations that are not captured by special circumstances. This might include any personal circumstances, whether permanent or temporary, including poverty, age, debilitating life events such as acute illness, language or literacy difficulties which may excuse the conduct.
Evidence should be lodged to support the application such as a statutory declaration, support letters or medical evidence.
Examples may include:
- Your client has recently migrated to Australia. They are attending English lessons but are not literate in English. They receive a fine for travelling on public transport without a valid ticket. It is their first offence. They may apply to have the fine waived due to the exceptional circumstances which led to them incurring the fine.
- Your client went into early labour while they were driving and pulled over in a no parking area. Their partner called an Ambulance which arrived and took them to the hospital for an emergency caesarean, they left the car where it was in the chaos of the event. Your client received a parking fine. They may apply to have the fine waived due to the exceptional circumstances which led to them incurring the fine.
Apply to have fines cancelled under the Family violence Scheme
Your client can apply for their fine to be waived (cancelled) if they are a victim/survivor and either of the following apply:
- they incurred the fine because of family violence
- they got a driving related fine and it is unsafe for them to nominate the person who was driving, or reject a nomination against them.
Your client doesn’t need an intervention order to make this application.
Example:
- Your client finds out they have 30 fines due to unpaid tolls. The car is registered in your client’s name, however, her violent ex-partner was driving when the fines were incurred.
Apply to work off the fine under a Work and Development Permit
Your client can apply for the Work and Development Permit Scheme (WDP). That means they sign an agreement with a sponsor to carry out an activity to ‘work off’ their fine debt.
Examples of sponsors include a community service, health professional or learning institution (e.g TAFE).
Activities might include volunteering, health treatment, alcohol and other drugs counselling, financial counselling or life skills courses.
To be eligible for the WDP scheme, your client must be engaged with a sponsor and experience:
- a mental or intellectual disability, disorder or illness
- an addiction to drugs, alcohol or a volatile substance
- homelessness
- acute financial hardship e. g. receives a social security payment; and/or
- family violence.
Examples:
- Your client continues to visit their doctor for their methadone treatment to work off their fine debt under the WDP scheme.
- Your client engages with a counsellor through the WDP scheme to work off their fine debt.
Apply to have the fine cancelled because it was issued unlawfully
Your client can lodge a review application to request a fine is waived (cancelled) if they think the fine was issued unlawfully. An application at this stage is an internal review and is lodged based on being ‘contrary to law’.
Example:
- Your client recently started working in a warehouse where they regularly use a box cutter to break down cardboard boxes. When heading home after a shift they were searched by police and received a fine for possessing a controlled weapon without lawful excuse. Your client may lodge an application to challenge the fine on the basis they had a lawful excuse (employment) for carrying the box cutter.
Toll fines & hardship
In Victoria, toll roads are operated by private companies. The companies have hardship policies available for people who are unable to pay tolls due to circumstances outside their control:
In addition to the options above, your client can contact the relevant company and request a toll fine be waived (cancelled) based on their hardship. See Victoria Legal Aid’s website for more information.
Options at the Enforcement Stage and Warrant Stage
Your client can pay their fine in full or request a payment plan. For COVID-19 fines, your client may be eligible for a concession on their fine.
Otherwise, consider the options below for dealing with the fine at this stage.
In some cases, it will be too late to elect these options, for example where the fine has been paid or a 7 Day Notice has expired. Once a 7 Day Notice has expired, your client’s options are significantly limited and they are at risk of a number of enforcement sanctions. See What if my client doesn’t pay their fine?
- Person unaware
- Nominate the person driving
- Apply to have fines waived because of ‘special circumstances’
- Apply to have fines waived because of ‘exceptional circumstances’
- Apply to have fines cancelled under the Family violence Scheme
- Apply to work off the fine under a Work and development Permit (WDP)
- Apply to have the fine cancelled because it was issued unlawfully
- Waiving fines based on time in prison
- Toll fines & hardship
Person unaware
If your client was not aware the fine had been issued they can ask Fines Victoria to review the fine on that basis. This option is not available for certain traffic and tolling offences. You should consider that:
- An application on this ground must be made within 14 days of becoming aware of the infringement;
- Fines Victoria will not consider this basis if the person has not updated their address with VicRoads;
- If successful, the infringement may be referred back to the issuing agency to deal with. They may decide to issue a new infringement notice.
Nominate the person driving
If your client wasn’t in control of the vehicle when a driving related fine was issued, it is generally too late to nominate another driver at the Enforcement or Warrant Stage. If however, they were not aware of the fine and it was not issued in person, they have 14 days from when they become aware of the fine to apply to the Magistrates’ Court for an extension of time to address the fine, including by nomination.
If the person in control of the vehicle was perpetrating family violence against your client see Apply to the Family Violence Scheme below.
Apply to have fines waived because of ‘special circumstances’
Your client may apply for their infringement fine to be waived (cancelled) if they had ‘special circumstances’ when they got the fine. An application at this stage is called an enforcement review and is lodged with Fines Victoria.
Special circumstances include:
- Homelessness (including living in crisis accommodation, transitional accommodation, a boarding house or moving between temporary forms of accommodation)
- drug and or alcohol addiction
- mental or intellectual disability or illness
- family violence (victim/ survivor)
- serious long-term circumstances that make it impossible to deal with the fines but aren’t purely related to financial hardship.
Importantly, your client will need to show that there is a link between the special circumstance and the behaviour that led to the fine. Depending on the special circumstance, they will need to either show that it significantly reduced their capacity to understand, or control, the behaviour that led to the fine.
You can write a supporting letter to help your client with their application. You may use our template support letter.
Examples:
- Your client has an acquired brain injury which impacts their memory. As a result, they forget to ‘touch on’ to the tram and receive a fine. The client’s brain injury significantly contributed to their ability to control the conduct that resulted in the fine.
- Your client has an alcohol dependency. They receive a fine for having an open bottle of wine in public. The alcohol dependency significantly contributed to their ability to control the conduct that led to the fine.
- Your client is homeless and couch surfing with several friends and family members who live in different suburbs across Melbourne. Your client incurred a number of toll fines while driving between these households. Their homelessness significantly reduced their capacity to control the conduct that led to the fines.
- Your client is sleeping rough, long-term unemployed, highly transient and unable to deal with their fines in any way. It is unlikely they will have a change in these circumstances in the foreseeable future. Based on these long-term circumstances your client is unable to address their fines.
If your application to Fines Victoria is successful, they will cancel the fine and refer it back to the issuing agency. The agency can decide to withdraw the infringement, issue a warning or, in some cases, commence Magistrates Court proceedings to prosecute the offence.
Apply to have fines waived because of ‘exceptional circumstances’
Your client may apply to have their infringement fine to be waived (cancelled) if they believe it was incurred due to ‘exceptional circumstances’. An application at this stage is called an enforcement review and is lodged with Fines Victoria.
For the purpose of this application there is no definition of ‘exceptional circumstances’. It is likely to include a broader range of situations that are not captured by special circumstances. This might include any personal circumstances, whether permanent or temporary, including poverty, age, debilitating life events such as acute illness, language or literacy difficulties which may excuse the conduct.
Evidence should be lodged to support the application such as a statutory declaration, support letters or medical evidence.
Examples may include:
- Your client has recently migrated to Australia. They are attending English lessons but are not literate in English. They receive a fine for travelling on public transport without a valid ticket. This is their first offence. They may apply to have the fine waived due to the exceptional circumstances which led to them incurring the fine.
- Your client went into early labor while they were driving and pulled over in a no parking area. Their partner called an Ambulance which arrived and took them to the hospital for an emergency cesarean, they left the car where it was in the chaos of the event. Your client received a parking fine. They may apply to have the fine waived due to the exceptional circumstances which led to them incurring the fine.
If your application to Fines Victoria is successful, they will cancel the fine and refer it back to the issuing agency. The agency can decide to withdraw the infringement, issue a warning or, in some cases, commence Magistrates Court proceedings to prosecute the offence.
Apply to have fines cancelled under the Family violence Scheme
Your client can apply for their fine to be waived (cancelled) if they are a victim/survivor and either of the following apply:
- they incurred the fine because of family violence; or
- they got a driving related fine and it is unsafe for them to nominate the person who was driving, or reject a nomination against them.
Your client doesn’t need an intervention order to make this application. Certain offences are not covered by the scheme, including drink and drug driving and excessive speeding.
If the application is successful, Fines Victoria will cancel the fine. In some limited cases, Fines Victoria may decide to refer the fine back to the issuing agency for further action.
Example:
- Your client finds out they have 30 fines due to unpaid tolls. The car is registered in your client’s name, however, her violent ex-partner was driving when the fines were incurred.
Apply to work off the fine under a Work and development Permit (WDP)
Your client can apply for the Work and Development Permit Scheme (WDP). That means they sign an agreement with a sponsor to carry out an activity to ‘work off’ their fine debt.
Examples of sponsors include a community service, health professional or learning institution (like TAFE).
Activities might include volunteering, health treatment, alcohol and other drugs counselling, financial counselling or life skills courses.
To be eligible for the WDP scheme, your client must be engaged with a sponsor and experience:
- a mental or intellectual disability, disorder or illness
- an addiction to drugs, alcohol or a volatile substance
- homelessness
- acute financial hardship e. g. receives a social security payment; and/or
- family violence.
Examples:
- Your client continues to visit their doctor for their methadone treatment to work off their fine debt under the WDP scheme.
- Your client engages with a counsellor through the WDP scheme to work off their fine debt.
Apply to have the fine cancelled because it was issued unlawfully
Your client can lodge an application with Fines Victoria and request a fine is waived (cancelled) if they think the fine was issued unlawfully. An application at this stage is an enforcement review and is lodged based on being ‘contrary to law’.
Example:
- You client recently started working in a warehouse where they regularly use a box cutter to break down cardboard boxes. When heading home after a shift they were searched by police and received a fine for possessing a controlled weapon without lawful excuse. Your client may lodge an application to challenge the fine on the basis they had a lawful excuse (employment) for carrying the box cutter.
If your application to Fines Victoria is successful, they will cancel the fine and refer it back to the issuing agency. The agency can decide to withdraw the infringement, issue a warning or, in some cases, commence Magistrates Court proceedings to prosecute the offence.
Waiving fines based on time in prison
Your client may be able to apply to have fines waived (cancelled) based on time they spent in prison.
In some circumstances, if they are released directly from court, they have 6 months from release to apply for their fines to be waived.
If they are serving a sentence, they must apply while they are in prison.
For more information see Waiving fines based on time in prison.
Toll fines & hardship
In Victoria, toll roads are operated by private companies. The companies have hardship policies available for people who are unable to pay tolls due to circumstances outside their control:
In addition to the options above, your client can contact the relevant company and request a toll fine be waived (cancelled) based on their hardship. See Victoria Legal Aid’s website for more information.
Options for addressing court fines
Your client has limited options if they have a court fine. They may be able to have court fines waived (cancelled) based on time in prison. See Waiving fines based on time in prison.
They cannot apply to have a court fine waived due to ‘special circumstances’, the family violence scheme or apply for a work and development permit.
If your client cannot pay the court fine, they can apply for a payment plan. In limited cases, your client can go back to court to ask for a different sentence. Tell your client to get legal advice on their options, including the timeframes involved and risks associated with court fines.
What if my client doesn’t pay their fine?
Unpaid infringement fine
If your client does not pay their infringement fine, the fine will progress through several different stages. These are outlined in the infringement fines lifecycle. Additional administrative fees are added as the fine moves through the stages.
The Sheriff or Fines Victoria may take enforcement action if fines have not been paid including:
- suspend your client’s driver license or registration
- remove the number plate from your client’s car
- seize and sell your client’s property (including a car)
- place your client on a community work permit to work off the fines
- arrest your client. They would have to go to court in the future. At court, there are number of potential outcomes including having the fines waived in full. Imprisonment (to work off the fines) is only available as a last resort.
Refer your client for legal help immediately if they receive a 7-day notice from the Sheriff. They will have limited options to deal with their fines after the 7-day notice expires.
Unpaid court fine
If a client ignores a court fine the process is generally the same as the above.
Get legal help
Justice Connect can help with fines if your client meets the following eligibility criteria:
- your client is homeless or at risk of homelessness (see our broad approach to this in our eligibility criteria)
- at least half of their fines are directly related to homelessness. For example, if they got a parking fine while living in their car, or a toll fine from driving between places where they were couch surfing.
If your client is not eligible for legal assistance from Justice Connect, you can refer them to Victoria Legal Aid or their local community legal centre.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
