Special circumstances applications allow individuals to explain how hardships or challenges contributed to their inability to comply with the law. Pursuing this path involves acknowledging your offence and pleading guilty, which will result in a criminal record.

The magistrate or judicial registrar will determine if your circumstances qualify as “special circumstances” and decide your sentence accordingly. This guide outlines the legal implication, potential penalties, steps involved in the process, and resources and legislation to assist you.

Applying for a Special Circumstances Review

If you fail to pay a fine, Fines Victoria may take action. To have your case referred to court under special circumstances, you must first apply to Fines Victoria for a review of the enforcement of your fines. Below are the steps to follow:

1. Request a List of Fines: Contact Fines Victoria to obtain a list of all unpaid fines. This can be done online, in person, or in writing, but it may take several weeks.

• Get Supporting Documentation: Obtain a report from a relevant professional, such as a doctor, psychologist, financial counsellor, or social worker, confirming your special circumstances.

• Apply for an Enforcement Review: Submit your list of fines and supporting documentation to Fines Victoria, requesting a review of the enforcement decision based on your circumstances.

If Your Special Circumstances Are Not Accepted

If the magistrate or judicial registrar does not accept your special circumstances, you may request extra time to gather more evidence, such as an updated medical report or additional documentation.

If further evidence is not possible, you can ask for a decision based on the current reports. In such cases, the likely outcomes are:

• Adjourned Undertaking: A conditional agreement requiring you to maintain good behaviour for a set period.
• Combined Reduced Fine: A single, smaller fine covering all offences.

Without stronger evidence, it is unlikely that your fines will be dismissed entirely.

Legal Outcomes and Penalties

When the magistrate or judicial registrar finds that special circumstances apply, there are several outcomes, each tailored to your situation. These include:

1. Offences Proven and Dismissed
2. Outcome: Your offences are formally acknowledged but dismissed.
3. What This Means: You are not required to pay the fines or undertake further action.
4. Important Note: This is a common result in cases where special circumstances are significant.

• Adjourned Undertaking
• Outcome: You agree to remain of “good behaviour” for a set period (e.g., 6–12 months).
• Additional Conditions:
  • You may need to follow treatment recommendations from a doctor or mental health professional (evidence of compliance may be required).
  • You might be asked to return to court at the end of the undertaking to confirm adherence to conditions.
• What Happens if You Do not Comply: Non-compliance can lead to further legal action.

• Combined Reduced Fine
• Outcome: The court may consolidate multiple fines into a single, reduced penalty.
• What This Means: This outcome is common in more serious cases or those involving numerous fines. It acknowledges your circumstances while lessening the financial impact.

• Conviction Status
• Outcome: The court determines if a conviction is recorded.
• What You Need to Know:
  • In most special circumstances cases, a conviction is avoided.
  • Even if a conviction is not recorded, a finding of guilt remains on court records.
  • You can request that no conviction be recorded as part of your plea.

Specific Penalties for Driving Offences

1. Demerit Points

If your offences involve driving, demerit points will be added to your license upon a guilty plea. These points are managed by VicRoads and may result in the suspension or cancellation of your license. The court does not have the authority to alter demerit points.

For license concerns, contact VicRoads.

• Driver Assessments

In cases where fines are cancelled due to special circumstances, VicRoads may be notified that you could pose a safety risk. You may be required to complete a driver assessment to retain your license. Failure to respond to a VicRoads letter may result in license suspension.

Toll-Related Fines

If your fines involve toll offences, here are the key points to consider:

• Administrative Costs: The court must order you to pay $40 per toll offence as a recovery cost to the toll operator (e.g., Citylink or Eastlink). This is not a court fine.
• Magistrate’s Recommendation: The magistrate may suggest that the toll operator waive these fees, but the final decision lies with the toll operator.
• Legislative Framework: Toll-related fines are governed by specific legislation to ensure fairness and consistency in their management under special circumstances cases.

Key Legislation

1. Fines Reform Act 2014: Governs fine management and enforcement reviews.
2. Infringements Act 2006: Covers issuing and managing fines.
3. Road Safety Act 1986: Regulates penalties for driving offences.

Resources and Support

1. Victoria Legal Aid: Offers free legal advice and support for fines and infringement-related matters.
2. Fines Victoria: Manages fine payments, reviews, and enforcement processes for Victorian residents.
3. VicRoads: Handles driving-related penalties, including licence suspensions and demerit points.
4. Federation of Community Legal Centres: Provides community-based legal services and support for individuals facing legal challenges, including fines.

Conclusion

Understanding the legal implications and penalties under special circumstances can help you navigate the process more effectively. By recognising the potential outcomes and leveraging available resources, you can address fines in a manner that considers your unique challenges. If you require further assistance, consult with a legal professional to ensure your rights are protected and your case is effectively presented.