Waiving fines based on prison time
The Time Served Scheme
The Time Served Scheme (TSS) allows people to apply to have eligible fines waived (cancelled) based on the time they have spent in prison. This process is often referred to as ‘calling in’ fines.
Your client can apply to have fines waived based on time in prison if either:
- They are currently in prison serving a (non-fine related) sentence.
- They were released from prison in the last six months and:
- Charges against them were withdrawn,
- They were only sentenced for time served in prison,
- They were not sentenced to a term of imprisonment, or
- They were found not guilty.
Important information
- If your client is serving a prison sentence their application must be lodged while they are in prison. The rate is calculated based on one penalty unit ($192.31 at August 2023) per day.Your client can’t call-in fines that were incurred when they were in prison or haven’t yet been registered with Fines Victoria.Most information below relates to court fines and infringement fines registered with Fines Victoria. It does not include court fines where a warrant to arrest was issued prior to 2018. While there is a process for calling in these court fines, it is slightly more restricted – see Warrant to arrest court fines below.
Court fine – a court fine is a fine imposed by a court.
Infringement fine – a fine issued by an enforcement agency (e.g. Victoria Police or City of Melbourne).
Remand – time spent in prison before being sentenced or having charges have been resolved. It is not uncommon for a person to be held on remand for many months.
Excess – where the amount of a fine debt exceeds the time spent in prison (including on remand) based on the calculation of one penalty unit per day of time in custody. For example, if your client was in prison for 14 days only and they have a fine debt of $20,000, they would have an excess. This is because 14 x 192.31 (a penalty unit) is $2,692.34.
How to apply
- How does my client apply in prison?
- How does my client apply on release?
- What happens after my client applies?
How does my client apply in prison?
- The prison staff should provide your client with a Request to call-in your fines form while they are in prison. Your client will need to complete the form and email it to Fines Victoria to apply. The prison staff should help them with this. Sentenced prisoners will need to ensure they have lodged the application while they are in prison.
- If your client has excess or is in prison for a fine related sentence (meaning there is a risk of extra time in prison), we understand they should receive a brochure encouraging them to seek legal advice. We understand they should have the opportunity to withdraw their application at this stage. They can contact Victoria Legal Aid Prison Legal Help if they are at Port Phillip Prison, Dame Phyllis Frost Centre, Loddon Correctional Facility, Metropolitan Remand Centre and Ravenhall Correctional Facility. Your client can seek advice from Homeless Law, regardless of what prison they are in.
TIP: If your client hasn’t received the Request to call-in your fines form, or they want to check if they have fines to call-in, they should ask the prison staff for assistance. If your client has difficulty speaking with the prison staff you may contact the Fines Victoria Prison Program (03 9948 8471; finesvictoria.prisonprogram@justice.vic.gov.au) and request they send your client the relevant paperwork. They may also want to seek legal advice at this point.
Fines Victoria can often waive the fines administratively. Fines Victoria must apply to court where this isn’t an option. Depending on the client’s circumstances, there may be a low risk of additional time in prison if the matter goes to court. For more information, see below What orders can the court make?
How does my client apply on release?
As above, your client can only apply on release if they were released from prison in the last six months and:
- charges against them were withdrawn, or
- they were only sentenced for time served in prison, or
- they were not sentenced to a term of imprisonment.
If the above applies to your client, they can start the application process on the Fines Victoria website.
What happens after my client applies?
Fines Victoria will determine if they can waive the fines administratively or need to apply to court.
Fines Victoria will need to apply to court if:
- your client is only in prison due to a fine related sentence, or
- your client has not spent enough time in prison (including on remand) to have the fine debt waived. The time will be calculated based on one penalty unit ($192.31) per day.
If the above does not apply, Fines Victoria will waive the fines.
Tip: Exclude administrative fees added when calculating your client’s fine debt. However, if fines are waived these fees will also be waived.
What orders can the court make?
The court can make an order waiving your client’s fine debt equivalent to the time they have spent in prison (including on remand) for a non-fine related sentence.
The court can make an additional order to address any remaining fine debt or if your client is in custody for a fine related sentence. Several orders are available to the court, depending on your client’s circumstances including:
- partial or full discharge of the fine debt
- payment plan
- community work permit
- additional time in prison
The court can only order a full or partial waiver of the fine debt if your client has special circumstances, a mental or intellectual disability or imprisonment would be excessive, disproportionate or unduly harsh.
The court can only order additional time in prison if no other option is appropriate in all the circumstances. Any additional prison time will be calculated based on one penalty unit per day in prison.
Tip: Given the above there is a low risk of additional time in prison. However, your client should seek legal advice on potential additional prison time.
Warrant to arrest court fines
- There are different laws for calling in court fines that progressed to warrant to arrest before 1 January 2018.
- An application to call in these court fines must be lodged while the client is in prison. Any court hearing must also take place while the client is still in prison.
- If you client is in prison for a non-fine related sentence then the fine debt will normally be waived based on the time they have been in prison.
- If they haven’t been in prison long enough to work off the fine debt they may be required to stay in prison longer. This is calculated based on one penalty unit ($192.31) per day.
- If your client is in prison for a fine related sentence (e.g. not paying a fine) they will likely need to remain in prison to work off the fine debt after the current sentence.
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.
