The Law Handbook 2024

Chapter 3.1: Fines and infringements 107 • a person with a severe physical or intellectual disability that makes them unable to attend courses, treatment or counselling, or to pay the fine; • a person who is sleeping rough, is isolated and highly transient, and is unlikely to resolve their circumstances in the foreseeable future, and is unable to deal with their fine in any way. Special circumstances applications Applications on the grounds of special circumstances should be in writing. To support your application, provide some or all of the following information: • Provide a detailed explanation of your circumstances to explain why the infringement notice (or registered fine) should be cancelled. • Provide details of any mental illness or intellectual disability, or any drug or alcohol addiction, your housing status (particularly if you have been homeless) or family violence that resulted in you being unable to understand that your conduct constituted an offence or made you unable to control the conduct. Examples of details include the nature of the condition, the status of the condition at the time of the offence, the current status of the condition, steps taken to address the condition (e.g. rehabilitative treatment) and, crucially, the link between your condition and the offence. • Provide copies of recent reports written by relevant health, housing andotherworkers (e.g. a caseworker, social worker, doctor and psychiatrist) that support your application. These reports should discuss the relevant special circumstances relied on, and the way in which the relevant circumstances contributed to the fines if you are relying on the nexus test, or the way your condition makes it impractical for you to deal with your fines if you are relying on the long- term circumstances test. You should ensure that the supporting letter is acceptable for the kind of circumstances you are relying on. Fines Victoria’s enforcement review application lists which types of medical professionals or support workers can provide evidence. • Each report should be signed and dated within the last 12 months, although older reports may be acceptable in the case of conditions that do not change over time (e.g. an intellectual disability). • If you are applying on the basis of a long-term circumstance, evidence that you receive assistance from the National Disability Insurance Scheme or the Disability Support Pension is likely to be of assistance and should be included. • Provide information about other factors (e.g. an inability to pay) that are not special circumstances in their own right, but can be referred to in an application. A lawyer from a community legal centre or a financial counsellor can help you write the application (see Chapter 2.4 and Chapter 5.4). Exceptional circumstances The term ‘exceptional circumstances’ is not defined in the legislation relating to infringements. However, ‘exceptional circumstances’ may include poverty, old age, physical health issues, vehicle breakdown, acute illness, or language and literacy difficulties that relate to the offence. NOTE Currently there are inconsistencies between various enforcement agencies in their assessment of applications for internal review, particularly in cases of special circumstances. However, there are now guidelines for enforcement agencies that aim to make decision-making more consistent (see www.justice.vic.gov.au/internal- review-guidelines-fines-and-enforcement-services) . Fines Victoria monitors internal reviews by enforcement agencies and has the power to make recommendations to enforcement agencies about internal reviews. As a result, it is hoped that the internal review process will be more consistent and transparent. Option 4: Nominate another driver For some traffic and parking offences, if you are the registered owner of the vehicle but you were not the driver when the alleged offence took place, you can nominate the person who was driving when the offence occurred. You need to provide evidence (e.g. the name, address, date of birth, and/or driver licence number of the person who was driving) or a statutory declaration that the vehicle was stolen. You cannot nominate another driver if you were issued an on-the-spot fine, or if you were charged with a drink-driving or drug-driving offence, or if your car was unregistered at the time of the offence.