Key Takeaways
- You have the right to request a review of a fine in Victoria if you believe it was issued unfairly.
- Eligibility for a review includes situations such as errors, exceptional circumstances, or lack of notice regarding the fine.
- Supporting evidence is crucial in the review process and may include medical reports or witness statements.
- If a review is rejected, options include paying the fine, applying for a payment plan, or disputing the fine in the Magistrates’ Court.
- Key legislation governing fines and their review in Victoria includes the Infringements Act 2006 and the Fines Reform Act 2014.
Receiving a fine in Victoria can be challenging, but you have the right to request a review if you believe it was issued unfairly. A fine review allows you to dispute an infringement notice before further enforcement action is taken. If an error occurred or exceptional circumstances apply, a review request could lead to cancellation or a warning instead of a penalty.
This guide explains the fine review process, including eligibility, application steps, required evidence, and potential outcomes. Seeking legal advice before submitting your request can improve your chances of a successful resolution.
Who Can Request a Fine Review?
A fine review can be requested directly from the agency that issued the infringement notice. You may be eligible for a review if:
- An error occurred – You believe a mistake was made.
- You were not responsible – The fine should have been directed to another individual.
- You experienced exceptional circumstances – An unforeseen event led to the offence.
- You have special circumstances – Long-term challenges prevent you from addressing fines appropriately.
- You were unaware of the fine – You did not receive the notice due to factors beyond your control (except in cases where you failed to update your address within 14 days or were personally served the fine).
It is important to note that certain offences, such as drink or drug driving and excessive speeding, are not eligible for review.
Circumstances That May Support Your Review Request
Special Circumstances
Special circumstances refer to ongoing challenges that make it difficult for a person to comply with laws or respond to fines. You may qualify if you:
- Have a diagnosed mental illness that affects your decision-making.
- Have an intellectual disability or cognitive impairment.
- Are struggling with drug, alcohol, or volatile substance dependence.
- Are a victim of family violence, which influenced the offence.
- Are experiencing homelessness.
In addition to these, special circumstances may also include serious, long-term personal hardships beyond financial difficulties that prevent you from paying the fine or resolving it through other means.
Exceptional Circumstances
Exceptional circumstances cover unforeseen, extraordinary situations that resulted in the infringement. Although there is no strict legal definition, examples include:
- A medical emergency requiring immediate attention.
- A mechanical failure that was beyond your control, leading to an offence.
- Any other unavoidable event that directly resulted in receiving the fine.
Each case is assessed individually, and supporting evidence (such as medical reports or vehicle repair receipts) is essential to substantiate your claim.
How to Request a Fine Review
A fine review follows a strict process, and you can only request it once. Ensure your application is complete and well-documented. Legal advice can improve your chances of success.
Step 1. Identify the Issuing Agency
Locate the agency that issued your fine (e.g., Victoria Police, local councils) on your infringement notice and submit your request directly to them.
Step 2. Confirm Your Grounds for Review
Ensure your reason for disputing the fine aligns with one of the accepted grounds: official error, incorrect recipient, exceptional circumstances, special circumstances, or lack of notice.
Step 3. Gather Supporting Evidence
Provide relevant documentation such as photos, medical records, police reports, statutory declarations, or witness statements to strengthen your request.
Step 4. Submit Your Request
Your written request should include your full name, contact details, infringement notice number, reason for review, supporting evidence, and current address. Requests can be submitted online, by mail, or in person, depending on the issuing agency.
Step 5. Await the Decision
The agency will review your request within 90 days. Possible outcomes include fine cancellation, conversion to a warning, or upholding the fine.
Options If Your Fine Review Is Rejected
If your fine review request is unsuccessful, you still have several options to manage the situation:
- Pay the fine before the new due date to avoid further penalties.
- Apply for a payment plan to spread the cost over time.
- Consider a work and development permit, allowing you to reduce your fine through approved activities.
- Seek support through the Family Violence Scheme if applicable.
- Dispute the fine in the Magistrates’ Court, where you can present your case before a judge.
If your review request is denied, but you have compelling special or exceptional circumstances, you may still have a chance to contest the fine. Once the penalty is registered with Fines Victoria, you can apply for an enforcement review to reassess your case.
Key Legislation
- Infringements Act 2006: Governs the issuing, enforcement, and review of infringement notices in Victoria.
- Road Safety Act 1986: Regulates road safety rules, including traffic offences and penalties.
- Fines Reform Act 2014: Establishes the framework for managing and enforcing fines, including payment options and review processes.
Resources and Support
- Victoria Legal Aid: Provides free legal advice and assistance, including guidance on fine reviews and legal representation for those who qualify.
- Fines Victoria: The primary resource for information on fines, appeal processes, and enforcement options in Victoria.
- Justice Connect: Offers legal support for individuals facing financial hardship, helping them navigate fine disputes and enforcement actions.
- Law Institute of Victoria: Connects individuals with qualified legal professionals who can provide representation and advice on fine-related legal matters.
Conclusion
Disputing a fine can be challenging, but you do not have to face it alone. If you believe your fine was issued unfairly or that special or exceptional circumstances apply, taking immediate action is essential.
At Pentana Stanton Lawyers, we offer expert legal support to help you navigate the review process and achieve a fair resolution. Our team can assess your case, provide tailored advice, and represent you if needed.
Contact us today for professional legal assistance and guidance on disputing your fine.
