Key Takeaways
- Individuals in Victoria with significant challenges, such as mental health issues or financial hardship, can apply for relief from fines through a special circumstances application.
- Outcomes of the application may include offences being dismissed, adjourned undertakings with conditions, reduced aggregate fines, or in rare cases, recording a conviction.
- Demerit points and mandatory administrative fees may apply for driving offences, which the court's decision may not influence.
- If the court does not accept the special circumstances, individuals can either request an adjournment to gather more evidence or proceed with the existing evidence.
- Key legislation governing these processes includes the Infringements Act 2006, Road Safety Act 1986, and Fines Reform Act 2014, among others.
In Victoria, individuals facing significant challenges such as mental health conditions, financial hardship, homelessness, family violence, or substance dependency may seek relief from fines through a special circumstances application. This process acknowledges the influence of these circumstances on committing offences, while the court carefully evaluates the evidence to determine a fair outcome.
This guide outlines possible outcomes, penalties, and steps to prepare for court when applying under special circumstances.
Possible Outcomes of a Special Circumstances Application
When your case is heard in court, the magistrate or judicial registrar considers your circumstances, the nature of the offences, and the evidence presented. The outcomes may include:
1. Offences Proven and Dismissed
The court recognises that the offences occurred but dismisses them entirely.
What it Means for You:
- No fines need to be paid.
- No further action is required.
- A record of guilt is entered, but no penalties are imposed.
This outcome is likely when strong evidence establishes a direct connection between your circumstances and the offences.
2. Adjourned Undertaking
The court may place you on an adjourned undertaking, which is a formal agreement to comply with specified conditions.
What it Means for You:
- Promise to maintain good behaviour for a set period (e.g., 6 to 12 months).
- Undertake counselling, treatment, or other support activities.
- Provide proof of compliance, such as letters from healthcare providers or counsellors.
This outcome avoids financial penalties but requires adherence to court-mandated conditions.
3. Reduced Aggregate Fine
For cases involving multiple fines or serious offences, the court may consolidate them into a single reduced penalty.
What it Means for You:
- A lower fine amount is imposed, covering all offences.
This outcome reduces the financial burden but does not eliminate it entirely.
4. Conviction
In rare cases, particularly for severe offences, the court may record a conviction.
What it Means for You:
- A formal record of guilt is added to your court records.
- You may request that no conviction be recorded if it could affect your employment or future opportunities.
Additional Penalties for Driving Offences
Driving-related offences often carry specific penalties that may not be influenced by the court’s decision:
Demerit Points
- VicRoads automatically applies demerit points for driving offences.
- Accumulating too many points can lead to licence suspension.
- For concerns, contact VicRoads.
Driver Assessments
- Police may notify VicRoads if your ability to drive safely is questioned.
- VicRoads may request an assessment to determine your fitness to hold a licence.
- Failing to respond could result in licence suspension.
Toll Fees
- Toll-related fines require a mandatory $40 administrative fee per offence, payable to the toll operator.
- While the court may recommend waiving the fee, the toll company has the final decision.
When Special Circumstances Are Not Accepted
If the court does not accept your circumstances as “special,” you have options:
1. Request an Adjournment
- Seek additional time to gather evidence or supporting documents, such as detailed reports from healthcare professionals.
2. Proceed with Current Evidence
- If you choose not to adjourn, the court will decide based on the existing information.
Outcomes in these cases may include:
- An adjourned undertaking with behavioural conditions.
- A reduced aggregate fine.
Fines are rarely dismissed outright if special circumstances are not recognised. Seeking legal advice is strongly recommended at this stage.
Key Legislation
- Infringements Act 2006: Governs the management and enforcement of fines.
- Road Safety Act 1986: Addresses driving-related offences.
- Magistrates’ Court Act 1989: Outlines court procedures.
- Fines Reform Act 2014: Establishes the framework for fine management and special circumstances applications.
- Sentencing Act 1991: Details sentencing options and principles.
- Charter of Human Rights and Responsibilities Act 2006: Ensures fair treatment and access to justice.
Support Services
Various organisations provide assistance with special circumstances applications:
- Fines Victoria: Guidance on enforcement reviews and fine management.
- Victoria Legal Aid: Legal advice and representation for special circumstances cases.
- VicRoads: Assistance with licences, demerit points, and driver assessments.
- Financial Counselling Victoria (FCVic): Support with financial counselling and advocacy.
- Anglicare Victoria: Support with counselling, housing, and financial advice.
