Special circumstances

If the fine has not yet been registered with Fines Victoria, you will need to ask the agency that issued the fine to review it on the ground that you have special circumstances. This is called ‘internal review’. If your application for review is successful, the agency will withdraw the fine.

If your fine has been registered with Fines Victoria, you will need to ask Fines Victoria to review the enforcement of the fine on the ground that you have special circumstances. This is called ‘enforcement review’. If your application for enforcement review is successful, the agency may then either withdraw your fine, withdraw your fine and issue a warning, or issue you with a summons to deal with the fine in Magistrates’ Court.

What are ‘special circumstances’?

Special circumstances at the time of getting your fines

You have special circumstances if you:

• had a mental or intellectual disability, disorder, disease or illness, including anxiety and depression
• had a serious addiction to drugs, alcohol or volatile substance – this includes marijuana or alcohol, as well as drugs such as heroin, ice, speed or ecstasy
• are a victim of family violence
• were homeless – you were living on the streets, you did not have a stable place to live for a long time or you were couch surfing.

To have your fines reviewed, you will need to show that, due to your special circumstances, you found it hard to avoid breaking the law and getting the fines. This means:

• your special circumstances significantly reduced your ability to control your behaviour when you broke the law (even if you understood that you were breaking the law)
• or your special circumstances significantly reduced your ability to understand that your behaviour was against the law.

If you can show the connection between your special circumstances and the behaviour that led to you getting the fines, you can ask for review of your fines.

Long-term circumstances and your ability to deal with your fine

You may also have special circumstances if you can show that you are:

• experiencing circumstances that are very serious and long-term, that are more than just financial hardship, and
• due to these circumstances, it is not practical for you to either pay your fines or deal with them in other ways, such as completing activities or treatment under a work and development permit .

When can you apply for a special circumstances review

You can apply for review on the ground of special circumstances any time up until the expiry of a seven-day notice. A seven-day notice is a final warning from Fines Victoria before they can arrest you or seize your property to deal with the fine. It is very important to get legal help. immediately if you receive a seven-day notice.

How to apply for a special circumstances review

If your fine has not yet been registered with Fines Victoria, then you should make your special circumstances application to the agency that issued the fine (an internal review application).

If your fine has been registered with Fines Victoria, then you should make your special circumstances application to Fines Victoria directly (an enforcement review application).

Find out about the three steps you need to take to make a special circumstances application.

Going to the Magistrates’ Court

If you make an enforcement review application and Fines Victoria decides you have special circumstances, it will cancel enforcement of the fines and refer the matter back to the agency that fined you. The agency may decide to withdraw the fine and/or issue an official warning instead. However, the agency may also withdraw the fine and decide to proceed against you by way of charge and summons.

If this happens, the offences will be referred to the Magistrates’ Court to be dealt with as a criminal offence.

If your matter is referred to court you will get a charge and summons telling you when to go to court.

Read more about going to court.

Read more about possible outcomes and penalties at court.

Other support

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