Victoria Legal Aid

Family violence scheme

If you are a victim of family violence you can ask Fines Victoria to review your fine.

If you are a victim of family violence, you can apply to Fines VictoriaExternal Link if you get a fine and:

  • someone else was driving your vehicle at the time, or
  • your experience of family violence contributed to the offence. For example, if you were speeding away from a dangerous situation.

This scheme is broader than a special circumstances application on the grounds of family violence, because it it is possible for you to successfully apply without having to name the person who was driving your vehicle. You also may not have to admit to the offence under this scheme. You cannot apply for this scheme if you have a current application for special circumstances being processed.

This scheme is also not available if you have registered court fines, or if your fine is related to excessive speed, drink or drug driving.

How to apply

If there is a link between the family violence and your fines, you (or the person acting for you) must apply in writing to Fines Victoria. You must include the reasons for applying and include details of the relevant fines.

The easiest way to apply is by using the Family Violence Scheme application form on the Fines Victoria website. Fines Victoria's Guide to the Family Violence Scheme explains what supporting documents you should include with your application. Read more and download the documents from the Fines Victoria Family Violence SchemeExternal Link page.

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

When to apply

You 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 your application. If they believe you are eligible for the scheme, they will cancel enforcement of the fine and send it back to the agency that issued it. Any enforcement actions will be cancelled. The agency must withdraw the fine and take no further action.

If you were fined after another person was driving your vehicle, you may ask Fines Victoria to suspend enforcement action for up to six months to give you time to decide if you will nominate (name) the person who was driving.

If you are not eligible

If Fines Victoria decides that you are not eligible, they will contact you and the agency that issued the fine.

After the fine is sent back to the agency that issued the fine, enforcement actions that were suspended will continue. You will have 21 days to take other action. Your options will depend on what stage of the enforcement process you are up to:

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

Other support

Find out how you can get other support for fines and infringements.

Get other support for violence, abuse and personal safety.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Reviewed 06 April 2022

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