The Family Violence Scheme in Victoria provides relief for individuals who have received fines due to circumstances related to family violence. This program, administered by Fines Victoria, recognises that victims should not be unfairly penalised for offences committed under duress or while escaping harm.

This guide outlines the scheme’s eligibility, application process, and legal framework, helping you understand how to seek fine relief if family violence has impacted your situation.

What is the Family Violence Scheme?

The Family Violence Scheme allows victims of family violence to apply for a review of fines incurred due to their circumstances. This ensures that individuals are not further burdened by financial penalties arising from coercion or distressing situations.

Eligibility Criteria and Exclusions

Who Can Apply?

You may be eligible to apply if:

• Someone else was driving your vehicle when the offence occurred.
• Your experience of family violence directly contributed to the offence, such as speeding to escape a dangerous situation.

Unlike applications under special circumstances provisions, this scheme does not require you to identify the person responsible for the offence, and in some cases, you may not need to admit to the offence at all.

Who is Not Eligible?

You cannot apply if:

• You have an ongoing special circumstances application.
• The fines are registered court fines.
• The offence involves excessive speeding, drink driving, or drug driving.

If you are unsure about your eligibility or how to proceed, seek legal advice from a qualified professional.

Application Process

How to Apply

To apply, you (or a legal representative) must submit a written application to Fines Victoria, detailing:

1. How family violence contributed to the offence.
2. The fines you are seeking relief from.
3. Supporting evidence, such as police reports, intervention orders, or statements from a support professional.

The easiest method is to complete the Family Violence Scheme application form, available on the Fines Victoria website. A guide is also provided to help gather the necessary documentation.

Once your application is submitted, all enforcement actions will be temporarily paused. Additional information may be requested during the review process.

When to Apply

You must apply before:

• A seven-day notice expires.
• Property is seized.
• The fine is fully paid.
• An attachment of earnings or debt is made.
• A land charge is recorded.

Decision and Next Steps

What Happens After You Apply?

Fines Victoria will assess your application. If approved:

• All enforcement actions will be cancelled.
• The fine will be returned to the issuing agency.
• The agency must withdraw the fine and take no further action.

If your fine was issued due to another person driving your vehicle, Fines Victoria may allow you up to six months to decide whether to nominate the responsible driver.

What if Your Application is Denied?

If your application is not approved, enforcement actions will resume. You will have 21 days to:

• Pay the fine.
• Request a payment plan.
• Apply for a review under special circumstances provisions (if applicable).

Seeking legal advice at this stage can help you explore additional options.

Key Legislation

1. Fines Reform Act 2014: Governs the management and enforcement of fines, establishing Fines Victoria and allowing fine reviews under the Family Violence Scheme.
2. Infringements Act 2006: Defines the process for handling fines, including review mechanisms available to victims of family violence.
3. Family Violence Protection Act 2008: Provides legal protection for family violence victims, recognizing how coercion or duress may lead to offences.

Resources and Support

Fine Relief and Legal Support

1. Victoria Legal Aid: Fines and Infringements: Offers free legal assistance to individuals seeking relief from fines due to family violence.
2. Fines Victoria: Family Violence Scheme: Provides detailed information on eligibility and application processes for fine relief.

Family Violence Support Services

1. Safe Steps – Family Violence Response Centre: 24/7 support for those experiencing family violence.
2. Victoria Police – Family Violence: Information on police assistance for family violence cases.
3. The Orange Door: Statewide service providing safety and support for those affected by family violence.

Conclusion

The Family Violence Scheme offers vital support for those affected by family violence and facing fines. By providing a pathway for review and potential withdrawal of fines, it helps alleviate financial and legal burdens. Acting promptly and understanding the process can increase the chances of a successful application. Seeking professional legal advice can further improve outcomes and provide guidance tailored to your situation.

If you are facing fines related to family violence and need legal guidance, now is the time to take action. Our team at Pentana Stanton Lawyers is committed to helping you navigate the legal system with confidence. We understand the challenges victims of family violence face and provide compassionate, expert legal support tailored to your needs. Whether you need assistance with your application, representation in disputes, or advice on your rights, we are here to help.

Contact us today for a confidential consultation and take the first step toward resolving your legal concerns.