The Victorian Infringement System
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In Victoria, fines, also referred to as infringement penalties, are used by government bodies and enforcement agencies to manage minor criminal and traffic offences. There are hundreds of offences that can be dealt with through infringement notices. Although Victoria Police and local councils issue the majority of these fines, several other authorities also have the power to issue infringements.
The introduction of the Fines Reform Bill 2014 (“FRA”) restructured the previous fines system, establishing Fines Victoria as a centralised body for managing infringement fines. This legislation grants the Director of Fines Victoria authority over the collection and enforcement of both infringement and court fines. The FRA and the Infringements Act 2006 regulate the handling and enforcement of fines in Victoria.
MK Law are experts in traffic infringements, with a deep understanding of the relevant procedures and regulations. They can help you limit your liability and develop a defence strategy tailored to your unique circumstances. Don’t delay—contact MK Law today at 1800 130 120 for expert, confidential advice regarding your offense. Your path to a fair resolution starts here.
Infringement Notices vs. Court-Imposed Fines
It’s essential to distinguish between infringement notices and court fines. Infringement notices are issued for minor offences, while court-imposed fines occur when an individual is found guilty of an offence under the Sentencing Act 1991 (Vic). Although the processes and options for managing court fines differ from those for infringement fines, individuals may face a combination of both, including enforcement warrants.
Enforcement Warrant, Infringements, and Unpaid Fines in Victoria
Relevant legislation governing the infringement system includes:
- Fines Reform Act 2014 (Vic):
This act established Fines Victoria, empowering the Director to manage the collection of unpaid fines.
- Infringements Act 2006 (Vic):
Sets the framework for issuing infringement notices and allows recipients to request an internal review.
- Sheriff Act 2009 (Vic):
Defines the Sheriff’s authority in executing warrants for unpaid fines.
- Road Safety Act 1986 (Vic):
Contains provisions for road safety-related infringements.
Fines Recovery Process:
Victoria’s infringement system has several stages, from the initial issuance of an infringement notice to the enforcement warrant stage. After receiving an infringement notice, individuals typically have 21 days to pay the fine, seek a review, or nominate a responsible driver for traffic-related offences. If no action is taken, the infringement progresses to enforcement, and, eventually, to the warrant stage.
At the Notice of Final Demand stage, if the debtor still does not take action, the Director of Fines Victoria may apply sanctions, such as:
- Driver and vehicle sanctions (e.g., suspending vehicle registration, removing number plates)
- Attachment of earnings, allowing money to be taken directly from the debtor’s income
- Attachment of debts, permitting recovery from a third party
- Making company directors personally liable for company fines
- Property sanctions, including charging land owned or co-owned by the debtor.
Should the matter escalate to a court-issued enforcement warrant, the Sheriff’s Office may:
- Immobilise or detain the debtor’s vehicle
- Seize and sell the debtor’s property
- Arrest the debtor
Social Justice Initiatives:
Victoria’s infringement system offers certain concessions for individuals who are unable to pay their fines.
Eligible persons may apply for:
- Work and Development Permits (WDP):
This allows individuals experiencing financial hardship, mental illness, or other vulnerabilities to fulfill fines through non-financial means such as unpaid work, counselling, or educational activities.
For example, a person facing financial hardship may be unable to pay a traffic fine. Instead of imposing a monetary penalty, the court may offer them the option to complete community service hours, attend financial literacy workshops, or participate in counselling sessions. This approach allows individuals to address their fines while gaining support and skills to improve their situation, ultimately contributing to their personal development and community well-being.
- Family Violence Scheme:
This applies when family violence contributed to the offending behaviour or if it is unsafe to name the responsible party for the infringement.
When applying under this scheme, it is important to define the link between the family violence and how this contributed to the offending;
An example of this is: The accused’s ability to focus, concentrate, and manage stress, particularly in situations like understanding parking signs, has been significantly affected due to a history of family violence. As a result, the accused did not comprehend the parking restrictions and parked in a permit-only zone without a valid permit. Without the history of family violence, the stress that led to this misunderstanding would likely have been avoided.
The emphasis is on the link between the history and impact on abiding by the law.
Another option is the Time Served Scheme, which allows prisoners to convert outstanding fines into time served during their incarceration.
Options for Managing Outstanding Fines:
- Contesting the Fine in Court
If you have received an infringement notice or penalty reminder, you can opt to have the matter heard in the Magistrates’ Court. This process requires submitting a Notice of Objection within a specific timeframe, especially for traffic offences involving excessive speed or driving under the influence. It is advisable to seek legal counsel before pursuing this option, as certain offences may carry mandatory penalties, and contesting could result in a more severe outcome.
- Nominating Another Driver
For traffic-related infringements where the recipient was not the driver, it is possible to nominate the correct driver. Nominations must occur within 28 days, during the infringement notice or penalty reminder stage. However, if the infringement has progressed beyond these stages, nominating another driver is no longer an option unless certain conditions are met, such as recently discovering the infringement.
- Internal Review
An internal review can be requested for fines still at the infringement or penalty reminder stage. Grounds for review include unawareness of the fine, incorrect issuing, mistaken identity, or special circumstances such as mental illness or homelessness. Only one internal review is allowed per infringement, and certain offences (e.g., drink/drug driving) are excluded.
- Payment Plans or Instalments
If you are financially unable to pay a fine in full, a payment plan may be available, allowing the fine to be paid in instalments. Eligibility is based on factors such as income and hardship. Some restrictions apply, particularly if the fine has reached advanced enforcement stages.
- Enforcement Review
An enforcement review is an option once a fine reaches the Notice of Final Demand stage. Like internal reviews, you must provide evidence supporting grounds for review, such as mistaken identity or exceptional circumstances.
- Application under the Family Violence Scheme
This scheme allows victims of family violence to have their fines withdrawn without court proceedings. Applicants must provide evidence, such as a statutory declaration, demonstrating how family violence contributed to the offence or prevented them from nominating another driver.
Option 7 – Work and Development Permit
A Work and Development Permit allows vulnerable individuals experiencing significant financial hardship, homelessness, drug or alcohol abuse, family violence, or an intellectual disability to “work off” their fines through approved activities and attendance at counselling or mentoring services.
This option is available only until a 7-day notice expires. If a person has been arrested, property has been seized related to the fine, or the fine is a court fine, this option cannot be pursued.
Eligible Activities Include:
- Unpaid work
- Medical or psychological treatment
- Completing educational, vocational, or life skills courses
- Attending counselling, including financial counselling
- Engaging in mentoring for individuals under 25 years of age
The Work and Development Permit scheme is established under Part 2A of the Fines Reform Act 2014. The guidelines are set by the Attorney-General under section 10L of the Act.
Eligibility for a Work and Development Permit
To qualify for a Work and Development Permit, individuals must have an established relationship with an approved sponsor, who will apply for the permit on their behalf. If you are already receiving treatment from an organisation willing to act as a sponsor, you can reach out to the Work and Development team for assistance in becoming a sponsor. Further details can be found on the Fines Victoria website.
Option 8 – Arrest and Bail by the Sheriff
This option is a last resort and occurs after the expiration of a 7-day notice period. If the debt remains unpaid after this period, Sheriff officers will take action to execute the enforcement warrant, which may include seizing and selling property or arresting the individual to bring them before the court. VicRoads may also be instructed to suspend or cancel the individual’s license or registration.
If the sheriff cannot recover the debt, the individual will be arrested and granted bail to appear in the Magistrates’ Court under section 165 of the Fines Reform Act 2014. This is the most common enforcement action for individuals with limited property. When a person is referred to court for unpaid fines, this process is often referred to as a “Section 165 Application.” At this point, it may be possible to undertake community work, and the sheriff may offer this option if the infringements amount to less than 100 penalty units.
What is a Section 165 Application?
A Section 165 application occurs when a sheriff has arrested and bailed an individual unable to repay their outstanding infringements. The bail agreement will specify a date and time for the individual to appear at the Magistrates’ Court for a hearing.
Section 164(1) mandates that a person must be brought before the Magistrates’ Court within 24 hours after arrest; however, section 164(2) allows for a later date if it is not practical to present the individual within the 24-hour timeframe.
A Magistrate will consider the criteria under section 165(2) of the Fines Reform Act, including:
- Whether the person has a mental illness, intellectual disability, or impairment
- Whether there are special circumstances
- Whether imprisonment would be excessive, disproportionate, or unduly harsh
- Whether the individual is a victim of family violence contributing significantly to the offending
If a Magistrate is satisfied with any of the criteria in section 165(2), they may:
Discharge any outstanding fines in full
Partially discharge the fines and make an instalment order for the remaining balance (see section 165A(1))
Partially discharge the fines and impose imprisonment, which may be subject to an instalment order with a warrant to imprison in default, known as an “imprisonment in lieu order” or “IIL” (see section 165A(2))
Issue a fine default unpaid community work order
Adjourn the hearing for up to six months
If a Magistrate is not satisfied with any of the matters in section 165(2), they may, under section 165(3):
- Issue a fine default unpaid community work order
- Make a time to pay order
- Create an instalment order
- Adjourn for six months on any terms deemed appropriate
- Order imprisonment, which can also be subject to an instalment order with a warrant to imprison in default (section 165A(2))
The maximum period of imprisonment that can be imposed is 24 months for each penalty unit or part of a penalty unit that remains unpaid (section 165B).
Limitations on Imprisonment
Under section 165(4), the court cannot order imprisonment (either directly or by default of a payment plan) if it is satisfied that the offender:
- Lacked the capacity to pay the outstanding fine
- Had a reasonable excuse for non-payment
Section 165(5) stipulates that imprisonment can only be ordered if the court finds that no other order is appropriate given all circumstances of the case.
Risks Following a Section 165 Application
If the court places an individual on a payment instalment plan that includes a warrant to imprison in default, it means that failure to comply strictly with the court order will result in a warrant for imprisonment. In such cases, if you believe you may default on your fine payments, it is crucial to seek legal advice promptly. The best option is usually to apply for a variation of the instalment order, allowing more time for payment (see section 166 of the Fines Reform Act).
Other Options:
- Applying for a rehearing under section 167 of the Fines Reform Act 2014
- Applying to the court to recall and cancel the warrant under section 58 of the Magistrates Court Act 1989 (Vic)
- Applying for Judicial Review under order 56 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic)
Attachment of Earnings and Debt Directions
An attachment of earnings direction allows Fines Victoria to recover debts by deducting money directly from the debtor’s income (e.g., through their employer). An attachment of debt direction permits Fines Victoria to recover money from a third party who owes the debtor.
If the amounts of a registered infringement are at least $1,000, the Director of Fines Victoria can issue an attachment of earnings direction. An attachment of debts direction can be made if the amount is at least $100 (see sections 65(1) and 78(1) of the Fines Reform Act and Fines Reform Regulations 2017). This can occur without a 7-day notice.
The Director of Fines Victoria can issue an attachment of earnings or debts direction if:
- The amount owed under the enforcement warrant is at least $1,000 for an attachment of earnings direction or $100 for an attachment of debts direction
- A notice of final demand has been served (which remains unpaid)
- The fine has been registered or a collection and enforcement order has been registered
- No application for a payment arrangement or enforcement review has been made
An attachment direction can be made before the issuance of an enforcement warrant, after serving the notice of final demand if it is unpaid (per the definition of “fine defaulter” under section 3(1) of the Fines Reform Act). Once an attachment direction has been made, options to apply for an enforcement review, a Work and Development Permit, or a family violence application are no longer available (sections 32(4), 10B(2), and 100). An application can be made to vary, cancel, or suspend a direction under sections 70 and 84 of the Fines Reform Act.
Calling in Fines While Serving a Term of Imprisonment
Individuals serving a sentence of imprisonment may “call in fines” under the Time Served Scheme. Generally, the imprisonment for the outstanding fines can be served concurrently with any other sentence, meaning no additional time in custody. An application must be made while the individual is in prison under section 171AA(a)(i) of the Fines Reform Act 2014.
If an individual is released from prison due to charges being withdrawn, time served, or not being sentenced to imprisonment, they have six months from their release date to apply to the Time Served Scheme.
It is crucial to seek legal advice before calling in fines, especially if recently released from custody, to ensure there is no risk of incurring additional prison time.
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What happens next?
Understanding your options regarding traffic infringements is crucial for effectively managing your situation. Whether you consider a Work and Development Permit to address financial hardship, face arrest and bail processes, or navigate the complexities of court appearances under Section 165 of the Fines Reform Act 2014, having the right legal support can make a significant difference.
MK Law are experts in traffic infringements, possessing a deep understanding of the procedures and regulations involved. They can help you limit your liability and tailor a defence strategy that suits your unique circumstances. Don’t delay—contact MK Law today at 1800 130 120 for expert, confidential advice on your offense. Your path to a fair resolution starts here.
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