Discharging Fines in Victoria Under Special Circumstances

The accumulation of unpaid fines can result in significant debt due to added fees and escalate to serious enforcement actions from Fines Victoria, including licence suspension and property seizure. For individuals whose fines are a direct result of specific, uncontrollable life situations, the Victorian legal system provides a specific pathway for relief.

This mechanism, an application for discharge based on ‘special circumstances’, allows for fines to be waived. This guide provides a factual overview of the entire process. We will explain the legal definition of special circumstances, the factors for discharge, the evidence required, and the procedure to apply to have fines written off.

Table of Contents

• Understanding Fines Victoria and Enforcement

• What Are 'Special Circumstances'? The Key to Your Application

• The Application Process: A Step-by-Step Guide to Discharge

• Alternative Pathways: Other Options for Managing Fines

• Why Seeking Legal Advice Can Make All the Difference

• Frequently Asked Questions (FAQs)

Understanding Fines Victoria and Enforcement

Before exploring the solutions, it's important to understand the entity you're dealing with. Fines Victoria is the government body responsible for collecting and enforcing unpaid fines across the state.

When a fine goes unpaid, it progresses through several stages, each adding costs and increasing the severity of the consequences. This can quickly escalate from a simple infringement notice to an enforcement warrant, potentially leading to:

• Suspension or cancellation of your driver's licence or vehicle registration.

• Garnishing of your wages or bank account.

• Seizure and sale of your personal property.

Ignoring the problem will not make it go away. However, engaging with the system and understanding your rights is the first step toward resolving the debt, especially when special circumstances are at play.

What Are 'Special Circumstances'? The Key to Your Application

The concept of ‘special circumstances’ is the most critical element in an application for the discharge of a person's fines. It’s a legal recognition that certain conditions can impact a person's ability to avoid committing an offence or manage their obligations.

The Official Definition

Under Victorian law, a person is considered to have special circumstances if they have:

• A mental or intellectual disability, disorder, disease or illness that resulted in them being unable to understand or control the conduct that constituted the offence.

• A serious addiction to drugs, alcohol or a volatile substance that resulted in them being unable to understand or control the offending conduct.

• Homelessness, where they do not have a fixed address and their living situation makes it impractical to deal with their fines.

• Been a victim of family violence, and the experience of that violence resulted in their inability to control the conduct that led to the fine, or you fled your home and were unaware of fines being sent to you.

It is not enough to simply have one of these conditions. You must be able to demonstrate a clear link—a nexus—between your condition and the fines you received.

Expert Tip (From First-Hand Experience): Proving the connection between your circumstance and the fine is where many applications fail. For example, it's one thing to have a diagnosis of a mental illness; it's another to provide a report from a doctor or psychologist that explicitly states how your condition at that specific time made you unable to control your actions or understand the consequences. This detailed, specific evidence is the cornerstone of a successful application. Further if you have a change in circumstances since the incursion of the fines, you may also be eligible for such an application. 

The Application Process: A Step-by-Step Guide to Discharge

Applying for a discharge requires a methodical approach. The goal is to present a clear, well-supported case to Fines Victoria through their internal review process.

Step 1: Gather Your Evidence

This is the most important part of the process. Your application is only as strong as the evidence you provide. You cannot simply state that you have special circumstances; you must prove it.

• For Mental Illness or Disability: Reports, letters, or assessments from your GP, psychiatrist, psychologist, or case worker. These documents should detail your condition, its duration, and its effect on your ability to function.

• For Serious Addiction: A letter from a drug and alcohol counsellor, your doctor, or a sponsor. This should confirm your addiction and explain how it contributed to the offences.

• For Homelessness: A letter from a social worker, a homeless support service, or a community organisation confirming your living situation during the period the fines were incurred.

• For Family Violence: A police report, a family violence intervention order, a letter from a family violence support service, or a report from a counsellor.

Step 2: Complete the Application for Internal Review

Fines Victoria has a specific form for an 'Application for Internal Review'. On this form, you will need to select "special circumstances" as the grounds for your request. You must clearly and concisely explain your situation and attach all the supporting evidence you have gathered.

Step 3: Await the Decision

Once submitted, Fines Victoria will review your case. There are several possible outcomes:

1. Application Approved: Your fines will be discharged, and no further action will be taken.

2. Request for More Information: They may require additional evidence to make a decision.

3. Application Refused: If your application is denied, the enforcement process will continue. You still have the right to take the matter to the Magistrates' Court for a hearing.

Alternative Pathways: Other Options for Managing Fines

A full discharge isn't the only option available, and it may not be suitable for everyone. Victoria has other schemes designed to help vulnerable people manage their fine debt.

The Work and Development Permit (WDP) Scheme

A WDP allows eligible people to work off their fine debt by participating in approved activities instead of paying with money. This is an excellent option if your circumstances make it difficult to pay but you are engaged with support services.

• Eligible Activities: Unpaid work, medical treatment, counselling, educational courses, and mentoring programs.

• Who is Eligible? People experiencing homelessness, addiction, mental illness, or acute financial hardship.

The Family Violence Scheme

This scheme provides a separate, dedicated pathway for victim-survivors of family violence to have fines waived. It recognises that the person who committed the violence may have caused the fines to be incurred in the victim's name. An application can be made to have the fine transferred to the responsible person.

Why Seeking Legal Advice Can Make All the Difference

Navigating the Fines Victoria system can be confusing and stressful, especially when you are already dealing with difficult personal circumstances. While you can apply on your own, engaging a lawyer can significantly improve your chances of a successful outcome.

An experienced lawyer can:

• Assess Your Eligibility: Properly determine if your situation meets the legal definition of special circumstances.

• Strengthen Your Evidence: Advise you on exactly what evidence is needed and help you obtain strong supporting documents.

• Build a Compelling Case: Frame your application in the most effective way, clearly linking your circumstances to the fines.

• Handle Communications: Manage all correspondence with Fines Victoria and represent you if the matter needs to go to court.

Dealing with overwhelming debt can feel isolating, but you don't have to manage it alone.

Frequently Asked Questions (FAQs)

1. What officially counts as 'special circumstances' for Fines Victoria? 

Special circumstances include a mental or intellectual disability, a serious addiction, homelessness, or being a victim of family violence, where that condition directly resulted in your inability to control the conduct that led to the fine.

2. What is the difference between applying for a discharge and a Work and Development Permit (WDP)? 

A discharge (or waiver) cancels the fine debt entirely. A WDP allows you to "work off" the fine debt by participating in approved activities like counselling, treatment, or unpaid work, reducing the amount owed over time.

3. Can all types of fines be discharged due to special circumstances? 

Most infringement notices issued in Victoria are eligible for review under special circumstances, including traffic fines, parking fines, and public transport offences. However, some court-imposed fines may have different rules.

4. What kind of evidence is needed to support a special circumstances application? 

You need professional, third-party evidence. This includes detailed reports or letters from doctors, psychologists, social workers, addiction counsellors, or family violence services that confirm your condition and link it directly to the period when the fines were incurred.

5. Do I need a lawyer to apply for a discharge of fines in Victoria? 

While not mandatory, it is highly recommended. A lawyer understands the legal requirements, can help you gather the strongest possible evidence, and can build a persuasive case on your behalf, maximising your chances of success and reducing your stress. If you need to appear before a court, they can speak on your behalf. 

Take the First Step Towards a Solution

If you are buried under fine debt and believe you have special circumstances, there is a way forward. The key is to act decisively, gather the right evidence, and present your case clearly.

At Rebecca Burdon Legal & Consulting, we have experience helping Victorians navigate this complex process. We can provide the guidance and advocacy you need to resolve your fines and lift the weight off your shoulders. If you have in excess of $5,000 and fall under a category of special circumstances, you may be eligible for a Legal Aid grant to pay for your case. 

If you’re ready to take control of your situation, contact us today for a confidential consultation.