Enforcement review

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.