You can apply to get your fines reviewed if you had special circumstances when you got the fine, and
- your special circumstances significantly reduced your ability to control your behaviour when you broke the law
- or your special circumstances significantly reduced your ability to understand that you had broken the law.
You have special circumstances if you:
- had a mental or intellectual disability, disorder, disease or illness
- had a serious addiction to drugs, alcohol or a volatile substance (e.g. chroming)
- are a victim of family violence
- were homeless.
Even if none of these applied to you at the time you got the fine, you can still apply to have your fines reviewed if:
- you can show that you have serious long-term circumstances
- your long-term circumstances make it not practical for you to pay your fines or deal with them in another way
- and your long-term circumstances are more than just financial hardship (although financial hardship may be a factor in them).
If you are affected by family violence
If you are, or have been, a victim of family violence and this contributed to you getting the fine, you may be able to apply to get the fine withdrawn under the Family Violence Scheme(opens in a new window).
You may also be able to apply if you have been fined for a traffic offence when you were not the driver, and because of family violence you couldn’t nominate the person who was driving.
This is different to a special circumstances application.
You should speak to a lawyer to see if this option is open to you. Contact Legal Help on 1300 792 387 for more information about how this process may affect you.
What to consider before you apply
If you decide to apply for special circumstances:
- even if your special circumstances application is successful, demerit points will still be recorded against you, which may result in your license being suspended.
- VicRoads may be notified of your medical condition, disability or addiction, and may ask that you undertake a medical review of your fitness to drive
- if you have applied for enforcement review by Fines Victoria, and Fines Victoria accepts that you have special circumstances, it is possible that the agency that issued the fine will decide to withdraw the fine and issue you with a summons to go to court instead. This means you will need to go to the Magistrates' Court to deal with the fine.
Read more about possible outcomes and penalties from a special circumstances application for a fine.
Contact Legal Help on 1300 792 387 for more information about how this process may affect you.
How to apply for a special circumstances review
When a fine is not paid, Fines Victoria, can take action against you. This is called ‘enforcement’.
To have enforcement of your fines cancelled you must prove to Fines Victoria that you had special circumstances at the time of the fines.
Step 1: Request a list of fines
If you do not know what fines you have, you should contact Fines Victoria to ask for a list of all your unpaid fines. Fines Victoria may take a few weeks to get back to you. Our self-help kits contain a template letter you can send to Fines Victoria to request a list of your fines.
Alternatively, if you have the details of at least one unpaid fine, you can get a list of your fines online at Fines Victoria.
Step 2: Get a report
Get a report confirming you had special circumstances when you broke the law, or that you are experiencing serious long-term circumstances that make it difficult for you to either pay your fines or deal with them in other ways. You can ask for a report from your:
- treating specialist, such as a doctor, psychologist or psychiatrist
- financial counsellor, social worker, drug counsellor or disability support worker
- family violence case worker or housing support worker.
Ask them to write the report for free. If they will not do this, talk to them about how much it costs for writing the report and what you can afford to pay.
Our self-help kits have template letters you can use to ask for a report.
Step 3: Apply for a review
Once you have gathered your supporting documentation, you can make your special circumstances application for review on the Fines Victoria website.
If the fine has not yet been registered with Fines Victoria, this application will be considered by the agency that issued the fine. If the fine has been registered, the application will be considered by Fines Victoria.
Download our self-help kits
To make this process easy for you, we have provided samples letters for you. Download the kit that relates to your special circumstance:
Make sure you keep copies of all your letters.
Alternatively, you can apply for special circumstances review online at Fines Victoria.
Possible outcomes of special circumstances review
If your fine has not yet been registered with Fines Victoria, and the agency that issued the fine agrees that you have special circumstances, then they will withdraw the fine. They may give you an official warning.
If your fine has been registered with Fines Victoria, and Fines Victoria agree that you have special circumstances, then they will stop any actions they have taken to enforce the fine and send it back to the agency that issued it. The agency may decide to either withdraw the fine, withdraw the fine and issue an official warning, or withdraw the fine and issue you with a summons to deal with the fine in the Magistrates’ Court.
If this happens, the offences will be referred to the Magistrates’ Court to be dealt with as a criminal offence.
If Fines Victoria finds that you do not have special circumstances, you will have 21 days to either pay the fine, apply for a payment arrangement, apply for the Family Violence Scheme(opens in a new window) (if you are a victim of family violence) or apply for a work and development permit (WDP).
If Fines Victoria decides you do not have special circumstances, or the agency that fined you decides to proceed by way of charge and summons, contact us on 1300 792 387 for free legal advice over the phone.
If you are referred to court
The charge and summons will inform you of your court date and which court to go to.
You should take all the letters you provided to Fines Victoria to court. If you end up pleading guilty to the offence or are found guilty by the court, then these letters will be relevant when the magistrate decides how to sentence you.
See Going to court for a fine.
Other support
Find out how you can get other support for fines and infringements.
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