New and updated infringements resources

New and updated infringements resources

Friday, 8 September 2017

Our infringements self-help kits guide a person through the process of applying to have their enforcement order or infringement warrant cancelled based on special circumstances.

Following recent legislative reform, we have updated our kits and added a new guide to making a special circumstances application for victims of family violence.

A person can apply to the Infringements Court to get an enforcement order or infringement warrant cancelled (revoked) if they:

  • had special circumstances when they were fined and
  • found it difficult to avoid breaking the law. This means that because of their condition or circumstances they:
    • were unable to control the conduct that resulted in the fine or
    • did not understand that their conduct was against the law.

A person has special circumstances if, at the time the fine was incurred, they:

  • had a mental or intellectual disability, disorder, disease or illness
  • had a serious addiction to drugs, alcohol or volatile substance
  • were homeless
  • were a victim of family violence.

‘Family violence’ was introduced as a special circumstance on 1 July 2017 and has the same meaning as s. 5 of the Family Violence Protection Act 2008 (Vic). Family violence includes any harmful behaviour that is used to control, threaten, force or dominate a family member through fear. It includes sexual, psychological, emotional and financial abuse.

This new category includes situations where, because of the family violence, a person does not have access to safe and secure housing and is therefore homeless.

Our self-help kits explain the definition of special circumstances, and what a person needs to consider before making an application. They provide a step-by-step guide on how to make a special circumstances application and include sample letters to Civic Compliance Victoria, the Infringements Court and treating specialists or caseworkers requesting reports to support the application.

Social Inclusion Program Manager, Joel Townsend said that the most regularly used ground of enforcement review is special circumstances.

'Clients with special circumstances are often highly vulnerable and disadvantaged, both socially and economically.

'Our data shows that in the past 12 months, our self-help kits have been downloaded over 1800 times.

'Timely assistance to clients, seeking to have their enforcement orders or infringement warrants cancelled on the basis of special circumstances, is critical.

'Through our self-help kits, we are able to provide more clients with the tools they need to make an application, particularly in situations where they may not otherwise qualify for a grant of legal assistance or representation by our duty lawyer service'.

To access the kits, see How to make a special circumstances application.

More information

Special circumstances

Going to the Special Circumstances List

Possible outcomes and penalties

Fines Online