The Law Handbook 2024

Chapter 3.1: Fines and infringements 103 Stage Minimum time limit Options and results 7 Arrest Immediate or after asset sale • If eligible, agree to the conditions of a community work permit: – complete a community work permit to settle debt – breach conditions of a community work permit – go to the Magistrates’ Court (see ‘Going to court’ in the main text) • If ineligible for, or not willing to accept, a community work permit, appear in the Magistrates’ Court: – sentenced in the Magistrates’ Court under section 165 of the FR Act (see ‘Enforcement warrant hearings (“section 165 hearings”)’ in the main text) NOTE: YOUNG PEOPLE AND THE INFRINGEMENTS SYSTEM Young people (under 18 years) are dealt with differently under the infringements system. Young people can apply for a payment plan, or a review of the enforcement agency’s decision, or elect to have the matter heard in court. However, if an infringement is not paid by a young person, the relevant enforcement agency can refer the fine to the Children’s Courts Children and Young Persons Infringement Notice System ( CAYPINS ). (See sch 3 Children, Youth and Families Act 2005 (Vic). S ee also Chapter 1.4: The Children’s Court.) NOTE: LICENCE-LOSS INFRINGEMENTS Some types of motor vehicle infringements (e.g. excessive speed and drug and drink-driving offences) are classified as licence-loss or automatic conviction infringements. These carry more severe penalties, have stricter time limits than other infringements, and there are fewer options available to deal with these infringements. You cannot apply for an internal review, an enforcement review, or the Family Violence Scheme for these infringements, so it is particularly important to act quickly if you receive one of these notices. For details of procedures and time limits for traffic offences, see ‘1 Infringement notices’ in Chapter 6.8: Driving offences. • your full name (including middle name) and any previous names you have been known by; • your date of birth; • your current address and any previous addresses where you might have received infringe­ ment notices; • your driver licence or vehicle registration number. You should request your debtor summary C and D reports as this represents the most detailed and accurate summary of your fines. Sometimes, the online fines summary available through Fines Victoria’s website (www.online.fines.vic.gov.au) does not accurately reflect all your fines. Be careful about providing your current address to staff working at Fines Victoria. This information could be given to the sheriff who may then take action against you to execute any outstanding enforcement warrants (see ‘What happens if I take no action?’, below). If you are not comfortable providing your current address to Fines Victoria, you can offer to provide the following information and documentation to help them search for your outstanding fines: • your driver licence number for any parking or traffic infringements; • a photocopy of identification documents; • where possible, details of where, when and what types of fines or infringement notices you may have incurred, including an ‘obligation number’ (this number is on the infringement notice). If someone else (e.g. a financial counsellor) is obtaining information for you, you must sign a form authorising that person or organisation to obtain it on your behalf. Be mindful that a person with the authority to act on your behalf may disclose your current address. If fines are less than 49 days old, they may not be registered with Fines Victoria yet, so you need to write to the relevant enforcement agency (e.g. the Victorian Government Department of Transport or the relevant local council) for details of unpaid fines. The relevant enforcement agency is identified on the infringement notice or penalty reminder notice. The following table summarises the infringements process, and your options for dealing with your outstanding fines at each stage of the process.