What is an Enforcement Hearing Order?
An Enforcement Hearing Order is a fine-related order made by a Judicial Officer following sentence. Under the current system, if you receive a fine by way of penalty at court, it is referred to Fines Victoria for collection and management.
Under the Fines Reform Act 2014 (Vic), if a person decides to pay the outstanding amount on the same day the enforcement hearing order is made, payment can be made directly to the court that made the enforcement hearing order (s 15B(2)(a)). However, if a person decides to pay the outstanding amount after the order was made until the day the amount is due, payment must be made to the Director (Fines Victoria) (s 15B(2)(b)).
Collection and enforcement orders
If a person defaults on payment of a court fine, Fines Victoria can register the fine for enforcement (called a collection and enforcement order) or, in some circumstances, refer the matter back to court to be dealt with (s 15C and s 15D).
Under s 15E of the Fines Reform Act (Vic), a collection and enforcement order is registered with the Director for enforcement if the person –
- Fails to pay the outstanding amount as required by the collection and enforcement order; or
- Fails to comply with the terms of any instalment order or time to pay order that applies to the collection and enforcement order; or
- Fails to comply with the payment arrangement where the collection and enforcement order is included in the payment arrangement.
If you are in default of the payment of a fine or any instalment order for more than a month, you may be issued with an arrest warrant under the Sentencing Act 1991 (Vic) s 69(1). To avoid arrest and restart a payment plan, you can apply to the court to recall the warrant to arrest.
- the fine or instalment and all warrant costs are paid; or
- the person in default has obtained an instalment order or time to pay order; or
- the sentencing court has made an order under s 69D (i.e. the person has successfully applied to the court for an order that they can perform unpaid community work for the outstanding fine or instalment).
If you have defaulted on payment of a court-ordered fine registered with Fines Victoria, you must take action. If you ignore payment, it is most likely that an enforcement warrant will be issued, and you will be pursued by a sheriff for collection of the debt. If you are concerned about an outstanding court fine, please get in touch with us as soon as possible to arrange an appointment.
