Dealing with unpaid fines can be stressful, particularly when compounded by personal challenges or life circumstances that limit your ability to comply with the law. A special circumstances review provides an opportunity to address fines in a fair and compassionate way. This guide outlines a step-by-step process to help you prepare a strong application, understand the requirements, and navigate potential outcomes effectively.

Understanding Special Circumstances

Special circumstances are recognised conditions under Victorian law that significantly impact your ability to comply with the law, often leading to fines. These include:

• Mental or Intellectual Disability or Illness: Conditions such as anxiety, depression, or cognitive impairments.
• Severe Addiction: Dependency on substances like drugs or alcohol.
• Family Violence: Abuse or violence that prevents lawful compliance, such as nominating the correct driver.
• Homelessness: Lack of stable housing leading to non-compliance.

Even if you did not have special circumstances at the time you received the fines, you may still apply if you can demonstrate:

• Serious Long-Term Circumstances: Ongoing conditions that make it impossible to manage fines.
• Beyond Financial Hardship: Evidence that your situation is more severe than simple financial difficulty.

Key Considerations Before Applying

Applying for a special circumstances review involves critical considerations. Be mindful of the following key points:

• Admission of the Offence: Applying means acknowledging that you broke the law. Unless fines are withdrawn, you must plead guilty, and this may result in a criminal record.
• Court Attendance: At least one court hearing may be necessary to determine penalties.
• Impact on Driving Records: Demerit points could be affected if your fines involve driving offences.
• Medical Reviews by VicRoads: VicRoads may review your fitness to drive if you cite medical conditions, addiction, or disabilities.
• Administrative Costs: If toll fines proceed to court, you may incur an administrative fee of $40 per fine from toll operators.
• Effect on Other Schemes: Participation in a special circumstances review may interact with eligibility for other programs like the Family Violence Scheme. Check if your application may limit or complement these options.

Understanding these aspects will help you prepare better for the application process and potential outcomes. For personalised advice, seek legal help from a qualified professional or service.

Steps to Apply for a Special Circumstances Review

Careful preparation is essential to successfully apply for a special circumstances review. Following the steps outline below will help you submit a thorough and effective application.

Step 1: Obtain A List of Fines

Start by getting a comprehensive list of your unpaid fines. You can do this by:

• Contacting Fines Victoria: Write to or visit their office.
• Using the Online Portal: Access a digital list via the Fines Victoria website.

Step 2: Gather Supporting Evidence

Strong evidence is critical to support your claim of special circumstances. Obtain detailed reports from:

• Medical Professionals: Such as doctors, psychologists, or psychiatrists.
• Social Workers or Counsellors: Professionals who understand your addiction, homelessness, or other challenges.
• Family Violence or Housing Support Workers: Specialists who can attest to how your situation led to the fines.

Tips for Evidence:

• Clearly describe how your condition or circumstances affected your ability to comply with the law.
• Ensure the report is on official letterhead, signed, and detailed.
• If cost is a concern, request a free report or discuss affordable options with the professional.

Step 3: Submit an Application for Enforcement Review

Once you have your list of fines and supporting evidence, apply for an enforcement review. To do this:

• Compile Documents: Include your list of fines, reports, and a written explanation of your circumstances.
• Submit Online or In Writing: Use the Fines Victoria portal or mail your application.
• Await Notification: Fines Victoria will review your application and inform you of the outcome.

What to Expect After Submission

Following submission, your case will be assessed, and a decision will be provided within the timeframe. Knowing the possible outcomes in advance can help you take proper appropriate action.

1. Decision Notification

After submitting your application, Fines Victoria will review your case and notify you in writing    within 90 days. The possible outcomes include:

1. Approval: Your fines will be returned to the issuing agency. The agency may:
   1. Withdraw the fines.
   1. Issue a warning instead of pursuing enforcement.
   1. Decide to prosecute by issuing a charge and summons.
2. Rejection: If denied, you will have 21 days to:
3. Pay the fines.
4. Apply for a payment arrangement.
5. Explore options such as the Family Violence Scheme or Work and Development Permits (WDP).

• Responding to the Outcome

• If Approved: Collaborate with the issuing agency to determine the next steps. If the fines are withdrawn, no further action is needed. If prosecution is pursued, prepare for court proceedings.

• If Denied: Take prompt action within the 21-day window to address the fines, whether by paying them, setting up a payment arrangement, or applying for alternative programs.

• Legal Action and Court Proceedings

If your case is referred to court, you will receive a charge and summons. Prepare by:

1. Gathering Documentation
2. Bring all the evidence and reports you submitted to Fines Victoria.
3. Preparing Your Explanation
4. Clearly articulate how your circumstances impacted your actions.
5. Understanding Court Protocols
6. Address the magistrate as “Your Honour” and dress professionally.
7. Seeking Legal Advice
8. Seek legal advice from a qualified professional or service for further guidance.

Key Legislation

1. Infringements Act 2006: Governs the management and enforcement of fines in Victoria, including provisions for special circumstances reviews.
2. Fines Reform Act 2014: Establishes the framework for managing unpaid fines, including enforcement reviews and payment arrangements.
3. Family Violence Protection Act 2008: Provides protection for individuals experiencing family violence, including provisions to withdraw fines under the Family Violence Scheme.
4. Road Safety Act 1986: Relevant for fines related to driving offences, including how demerit points and VicRoads reviews are handled.

Resources and Support

1. Fines Victoria: Offers detailed information on fines, online tools to request a list of unpaid fines, and portals for submitting enforcement reviews.
2. Legal Aid Victoria: Provides free legal advice, sample letters, and assistance with navigating the application process for special circumstances.

Conclusion

Successfully applying for a special circumstances review requires careful preparation, strong supporting evidence, and a clear understanding of the process. By following the steps outlined in this guide and utilising available resources, you can effectively present your case.