Family violence scheme

Family violence scheme

A person who is a victim of family violence may apply to Fines Victoria if they were fined and:

  • someone else was driving their vehicle at the time, or 
  • their experience of family violence contributed to the offence. For example, if they were speeding away from a dangerous situation,This scheme is broader than the special circumstances ground of family violence as it is possible for the applicant to succeed without having to name the person who was driving the vehicle.  Also the victim may not have to admit to the offence under this scheme. A person cannot apply for this scheme if they have a current application for special circumstances being processed.  

This scheme is not available for people with registered court fines, or for excessive speed, drink or drug driving fines.

 

How to apply

The family violence victim (or a person acting for them) must apply in writing to Fines Victoria. They must include reasons for applying and include details of the relevant fines.

All enforcement action will be suspended while Fines Victoria are assessing their application to see if they are eligible. Fines Victoria may ask for more information.

When to apply

A person can apply anytime before:

  • a seven-day notice has expired
  • property is seized
  • the fine has been paid
  • an attachment of earnings or debt is made
  • a land charge is recorded.

Fines Victoria’s decision

Fines Victoria will assess the application and if they believe the person is eligible they will cancel enforcement of the fine and send it back to the agency that issued the fine. Any enforcement actions will be cancelled. The agency must withdraw the fine and take no further action.

If the person was fined after another person was driving their vehicle, the victim may ask Fines Victoria to suspend enforcement action for up to six months to give them time to decide if they will nominate the driver.

If person is not eligible

If the director decides that the victim is not eligible, they will notify the applicant and agency that issued the fine.

After the fine is referred back to the agency that issued the fine. Enforcement actions that were suspended will resume. The person has 21 days to take other action, their options will depend on what stage of the enforcement process, including:

  • paying the fine
  • making a payment arrangement
  • apply for a review of their fine under the special circumstances provisions.

Get help

Find out how you can get help with fines and infringements