The Law Handbook 2024

112 SECTION 3: Fines, infringements and criminal law NOTE A medical report that is submitted with an enforcement review application can cause Fines Victoria or an enforcement agency (particularly Victoria Police) to have concerns about your driving ability and they may share their concerns with VicRoads. If the circumstances described in your application could be seen as affecting your fitness to drive, VicRoads may suspend or cancel your driver licence or ask you for evidence that you are medically fit to drive. VicRoads may also ask that you complete a medical review. If you fail to do this, VicRoads can vary, suspend or cancel your driver licence. The effect of cancelling the enforcement of an infringement after an enforcement review If your enforcement review application is successful, this does not mean you do not have to pay the fine. It simply means that Fines Victoria has stopped its action to enforce the fine and has referred the matter back to the enforcement agency for reconsideration. The agency then has 90 days to decide whether it: • does nothing and thereby withdraws the infringement notice; or • withdraws the infringement notice and issues an official warning; or • issues a charge and summons to prosecute the fines in the Magistrates’ Court – if the agency elects to issue a charge and summons, it has six months to commence the proceeding. If the enforcement agency withdraws the infringement notice, you do not have to appear in the Magistrates’ Court and do not have to pay the fine. If the enforcement agency elects to prosecute, it must advise Fines Victoria of the commencement of that proceeding and the Magistrates’ Court, which will list the matter for a hearing. NOTE If an enforcement agency chooses to prosecute, and issues a charge and summons, your matter will be heard in the Magistrates’ Court. This means that if you plead guilty, or are found to be guilty, you will have a finding of guilt on your criminal record. However, it will not be disclosed on a police check (for example, when you apply for a job) because it will be immediately “spent”. Previously, demerit points would be withdrawn following a successful internal or enforcement review application if the fine was withdrawn or an official warning issued. Now, where the application is on the basis of special circumstances, the demerit points will remain (see ss 73(1) (bb) and 78 Road Safety (Driver) Regulations 2019). Administrative sanctions and enforcement review After a notice of final demand is issued, Fines Victoria has broad powers to apply administrative sanctions, including suspending, not granting or not renewing a person’s driver licence or registration. If your licence or registration has been suspended and you have applied for an enforcement review, you may request, as part of your application, that these administrative sanctions are lifted based on your circumstances pending your application being determined. Note that if your enforcement review application is successful, Fines Victoria must direct VicRoads to cease any driver or vehicle sanctions. Option 8: Apply to the Family Violence Scheme The Family Violence Scheme is an option for people who have experienced family violence and who have accrued fines as a result of family violence. An application can be made to the scheme for the fine to be withdrawn if family violence substantially contributed to the offence or it is not safe for you to name the responsible person. Applications to the scheme can be made at any stage in the infringements process before: • a seven-day notice expires; or • an attachment of earnings or attachment of debt direction is made; or • a land charge is recorded; or • property is seized or a vehicle seizure and sale notice is issued; or • the infringement is paid in full; or • you have elected to go to court or the fine is referred to a court by an enforcement agency; or • an application is made for an enforcement review on the basis of family violence special circumstances.