Receiving a fine can be a stressful experience, but understanding your rights and the available options can help you manage the situation effectively. In Victoria, fines are issued for various legal violations, including traffic offences, public transport breaches, and local council infringements.

Ignoring a fine can result in significant penalties, including additional fees, enforcement actions, and even court involvement. However, there are several ways to manage your fine before it reaches that stage. Whether you choose to pay, dispute, or seek alternative resolutions, it is important to act promptly to avoid escalating consequences.

This guide outlines the key steps for managing fines, explaining payment plans, dispute processes, and enforcement actions. By staying informed, you can make decisions that align with your financial and legal circumstances.

Steps to Resolve Your Fine

If you receive an infringement notice, you can take the following actions:

Pay the Fine in Full

• Follow the payment instructions provided on the notice.
• Ensure timely payment to avoid additional penalties.

Request a Payment Plan

• If you cannot pay the fine in full, apply for a structured payment plan.
• This allows you to pay the fine in installments over time.

Apply for an Internal Review

• If you believe the fine was issued unfairly or is incorrect, you can request a review.
• Supporting evidence may be required to justify your claim.

Work and Development Permit (WDP) Eligibility

• If you meet certain criteria, you may work off your fine through community service, education, or counselling.
• This option is available to those facing financial hardship or disadvantage.

Challenge the Fine in Court

• You can elect to have the matter heard in the Magistrates’ Court.
• Seeking legal advice before proceeding is recommended.

Nominate the Responsible Driver (for Traffic Offences)

• If you were not the driver at the time of the offence, you can transfer the fine to the person responsible.
• This must be done within 28 days of receiving the fine.

Consequences of Ignoring a Fine

Failure to act on a fine can lead to increased penalties, legal enforcement measures, and financial stress.

Reminder Notices and Additional Costs

• If you do not pay your fine by the due date, a Penalty Reminder Notice will be issued, increasing the amount owed.
• You can still request a payment plan or apply for an internal review before it is referred to Fines Victoria.

Fines Victoria and Final Demand

• If the fine remains unpaid, it will be registered with Fines Victoria, and a Notice of Final Demand will be issued.
• Additional penalties apply, and you have 21 days to respond.

Enforcement Actions

Ignoring the Notice of Final Demand can lead to enforcement actions, including:

• Deductions from your wages or bank account.
• Suspension of your driver’s license or vehicle registration.
• A charge will be placed over your property if applicable.

Court-Enforced Warrants

• If you continue to ignore the fine, Fines Victoria may apply for an enforcement warrant.
• The Sheriff’s Office may then take action, such as:
  • Issuing a seven-day notice before enforcement.Seizing property to cover the fine.
  • Arresting you if no alternative resolution is available.
• In extreme cases, you may be required to perform community work or appear in court.

Court-Imposed Fines

Court fines result from a Magistrates’ Court ruling, typically for criminal offences. Unlike standard infringements, these fines must be paid to Fines Victoria once registered.

• Payment & Enforcement – Fines Victoria issues a Court Fine Collection Statement outlining the amount and due date.
• Failure to Pay – If unpaid, enforcement measures, such as wage deductions or asset seizure, may apply, similar to infringement fines.

Understanding the distinction between court-imposed fines and infringements is essential for choosing the right resolution approach.

Key Legislation

1. Infringements Act 2006: Governs how fines are issued, paid, disputed, and enforced in Victoria.
2. Fines Reform Act 2014: Centralizes fine management under Fines Victoria, streamlining collection and enforcement.
3. Magistrates’ Court Act 1989: Regulates court proceedings for fine disputes, enforcement warrants, and court-imposed fines.

Resources and Support

1. Fines Victoria: Provides information on paying, disputing, and managing fines in Victoria.
2. Victoria Legal Aid: Offers free legal assistance and advice on fines and infringements.
3. Magistrates’ Court of Victoria: Handles fine disputes and court-imposed penalties.
4. VicRoads (Licence and Registration Issues): Assists with license suspensions and vehicle registration issues related to unpaid fines.

Conclusion

Managing fines effectively ensures compliance with the law while preventing unnecessary financial and legal stress. If you have received an infringement or believe a fine has been unfairly issued, understanding your legal rights and available options is essential. Seeking timely legal guidance can help you resolve fines efficiently and avoid further consequences.

At Pentana Stanton Lawyers, we specialise in handling infringement matters, providing expert legal advice and representation for individuals disputing fines or seeking legal clarification. Our team offers tailored solutions through negotiation, mediation, or court representation.

For assistance with managing your fines or resolving a legal dispute, contact us today for professional support and guidance.