Applying for an enforcement review
If you have an eligible infringement notice at the notice of final demand stage of the infringement lifecycle, you can apply to Fines Victoria for an enforcement review (review of a decision to enforce a fine) if there are sufficient grounds. Fines for excessive speeding or drink or drug driving are not eligible for enforcement review.
If your fine is at an earlier stage (i.e. the infringement or reminder notice stage), you can apply for an internal review with the enforcement agency that issued the fine. This application can be completed online via the Fines Victoria website or sent in by post. Note that the grounds for seeking an internal review are the same as those available for an enforcement review.
Read on for more on seeking an enforcement review.
Who can apply for an enforcement review?
You can apply for an enforcement review if you have received an infringement at the notice of final demand stage for an offence that does not fall under any of the following categories:
- Excessive speeding (for driving 25km/hr or more over the limit or over 130km/h if the limit is 110km/hr)
- Drink driving or drink boating offences
- Drug driving offences
- Fines issued to a child
- Court-imposed fines
- The matter is a collection and enforcement order.
Importantly, an enforcement review is no longer possible if any of the following have occurred:
- You have paid the fine in full
- You have been served with a 7-day notice (following the issue of an enforcement warrant)
- An enforcement warrant has been executed against you
- A land charge has been recorded
- You are a declared director (you are the director of a company, and you are personally liable for the fine)
- An attachment of earnings direction or attachment of debts direction has been made; or
- A vehicle is seized under a vehicle seizure and sale notice.
Only one application for enforcement review per infringement offence can be made unless the application is made on grounds of special circumstances, in which case two applications can be made (s 33(1) and (2) Fines Reform Act 2014). As the timing and number of applications for enforcement review are limited, it is critical to act quickly, and legal advice is recommended.
If you are subject to a fine ineligible for enforcement review, such as a drink or drug driving or excessive speed infringement, you are, however, still eligible to apply for a waiver or reduction of costs or fees under section 9 of the Fines Reform Act 2014.
How to apply for enforcement review
A person can apply if they are named in the notice of final demand or their legal representative, a person with their consent, a person with power of attorney for the person named or appointed administrator or guardian for the person named in the notice.
An application can be submitted in person, online or by mail to the Director of Fines Victoria.
What to include in an application
The application must set out the grounds for review with supporting evidence. For example, if a person is submitting a review based on “special circumstances’ because, at the time of accruing fines, they were using drugs and were homeless, then medical evidence will be crucial.
In a case like this, it might be appropriate to submit a medical report from a general practitioner or treating psychologist/support worker to confirm a diagnosis and any surrounding circumstances when the fines were accrued.
What are the grounds for enforcement review?
An application for enforcement review can only be made on one or more of the grounds (specified below).
1. Person unaware
This ground of review can be relied upon if a person has just become aware of a fine within the last 14 days. For example, a person may have been overseas for several months and have returned home to a fine or fines at the ‘Notice of Final Demand Stage.’
You cannot seek review on grounds of ‘person unaware’ if the fine is for a traffic offence, driving in a toll zone without an e-tag or boating offences (driving under the influence of alcohol). For these offences, an application must be submitted to the Magistrates’ Court for an infringement extension, which, if granted, will provide an additional 28 days to deal with the fine.
If you were unaware of a fine or fines because you have moved address but have not updated your address with Fines Victoria, then you will not be able to rely on this ground of review.
2. Contrary to the law
A fine can be reviewed on this ground if the person believes the enforcement agency’s decision to issue the fine was inconsistent with the law. This ground may be used when a person believes that the officer who issued the fine was not authorised to do so, made a mistake, or acted improperly or unfairly. Another situation might be where the infringement notice is invalid because it is incomplete or does not comply with necessary formal legal requirements.
3. Mistake of identity
This ground can be relied upon if a person receives a fine incorrectly. For example, if a person has provided your name and address to the police, yet you are not responsible for the fine.
However, if someone has used the vehicle registered in your name and committed an offence, you will need to nominate that person as the driver.
4. Exceptional Circumstances
Under the Fines Reform Act 2014 (Vic), a person may apply for enforcement review if the person believes that the conduct for which the infringement notice was issued should be excused having regard to ‘exceptional circumstances’ related to the offence (s 32(1)(c)). While the legislation does not define exceptional circumstances, the term may cover broader circumstances than those amounting to ‘special circumstances’. Examples of exceptional circumstances may include poverty, age, financial hardship, serious illness, language or literacy difficulties and cultural differences.
Another example is a person receiving a speeding ticket because they were driving a family member to the hospital in an emergency life or death situation. In a review such as this, it will be essential to provide sufficient medical evidence to support the application.
5. Special Circumstances
An application for enforcement review on the grounds of special circumstances. Special circumstances are defined under section 3A of the Infringements Act 2006 as including:
- A mental illness, intellectual disability, disorder, disease or illness or a serious addiction to drugs, alcohol or a volatile substance that contributes to a significantly reduced capacity to:
- understand the conduct that constitutes the offence; or
- control the conduct that constitutes the offence;
- homelessness that contributes to the person having a significantly reduced capacity to control conduct which constitutes the offence; or
- family violence
- long-term circumstances that make it impracticable for the person to pay or otherwise deal with the infringement and that do not predominantly relate to the person’s financial circumstances.
To satisfy ‘special circumstances’, it is necessary for there to be a nexus between the condition or circumstance and the offending behaviour. It is also necessary to provide evidence that the condition that the person was suffering from significantly reduced the person’s capacity to:
- understand that the behaviour was against the law; or
- control their behaviour (in circumstances where the person knew the offending was against the law).
To satisfy the criteria of ‘long-term circumstances’, evidence must be provided to satisfy the following:
- the circumstances are long-term for the foreseeable future
- they are connected to financial hardship
- the circumstances are disabling, incapacitating and particularly severe
- the person is unable to pay for the fine in any capacity or apply for the Family Violence Scheme or a Work and Development Permit.
An example of “long-term circumstances” may be a long-term involuntary admission for mental health treatment.
What are the possible outcomes of an enforcement review?
If an application is successful on the grounds of ‘person unaware’, the enforcement of the fine will be cancelled, with all additional costs removed. The fine will be referred back to the enforcement agency. You will then be able to finalise the fine with the enforcement agency.
If your application is successful on any other ground, the enforcement agency will be notified. The enforcement agency then has 90 days to withdraw the fine and decide whether to:
- take no further action;
- issue an official warning; or
- serve a charge and summons to go to the Magistrates’ Court.
If an application is unsuccessful, enforcement action will continue. See ‘What is an enforcement warrant?’ for more.
The following options may still be available if the fine remains outstanding:
- pay the infringement in full;
- apply for a payment arrangement;
- apply for a Work and Development Permit;
- make an application under the Family Violence Scheme; or
- if the application is unsuccessful on the grounds of special circumstances and there is new or additional evidence supporting the grounds, one further application can be made. Independent legal advice is recommended.
While no specific process is available to object to an enforcement review decision, a person has a right to seek judicial review of a decision under administrative law.
