The Law Handbook 2024

Chapter 3.1: Fines and infringements 113 Certain types of offences cannot be dealt with under the scheme, including excessive speeding, drink- driving, drug-driving and boating offences. Your application needs to establish that the family violence substantially contributed to your inability to control the conduct that constituted the offence, or that you were the registered operator of a vehicle but the family violence substantially contributed to you being unable to nominate a person as the driver. For example, you might be eligible under the Family Violence Scheme if you were speeding or running red lights to escape a perpetrator of family violence. Similarly, you may be eligible for the scheme if a perpetrator of family violence accrued toll fines in your name and it was unsafe to nominate them or stop them from using your car. Family violence can also include instances of elder abuse by children and grandchildren against older family members. (For information about elder abuse, see Chapter 9.2: Legal issues affecting older people.) Applications are determined by a specialist trained family violence team within Fines Victoria. To apply, complete the Family Violence Scheme application form. Your application needs to include at least one supporting document – this can be a document prepared by a relevant authority or professional, or a statutory declaration prepared by you if you do not have a relevant professional who can provide supporting material. The documents accompanying your application should establish the connection between the family violence and the fine. When an application to the scheme is approved, the relevant fines are cancelled and any demerit points that have been deducted are reinstated. Hence, this option is far more attractive than special circumstances on the grounds of family violence. If the application is successful, there is no need for the applicant to attend court. Where you are not the driver accumulating the fines, you can defer nominating another driver for up to six months. This allows you time to consider whether nominating another driver is a safe option. However, even if you decide not to nominate another driver, all the fines that are the subject of a successful application under the scheme will be cancelled. The Director of Fines Victoria retains the power to send fines back to enforcement agencies for prosecution in limited circumstances, which could result in you being summoned to court. However, the Director of Fines Victoria has indicated that an applicant will be given an opportunity to withdraw their application before this occurs, which means there is very little risk of the matter being heard in court unless you agree to it. There is a small risk that Fines Victoria will notify the police if they assess that you are in immediate danger. You should read Fines Victoria’s ‘Guide to the Family Violence Scheme’ (see https://online.fines. vic.gov.au/Support/Family-Violence-Scheme) and seek assistance from a community legal centre (see Chapter 2.4: Legal services that can help) or a financial counsellor (see Chapter 5.4: Financial counselling services). Option 9: Apply for a work and development permit Work and development permits ( WDPs ) are currently only available for infringement fines and are not available for court fines. Fines Victoria may approve, vary, suspend or cancel a WDP. A WDP enables you to pay off an unpaid fine through non- monetary means, such as: • undergoing treatment by an accredited health practitioner; • participating in community work; • completing an approved educational course; • receiving financial or other counselling; • participating in a mentoring program (if you are under 25 years of age). You may apply for a WDP if you: • have a mental or intellectual disability, disorder or illness; or • are addicted to drugs or alcohol; or • are experiencing homelessness; or • are experiencing acute financial hardship; or • have experienced family violence. Applications for WDPs are made by an ‘accredited agency’ or ‘accredited health practitioner’. This agency or practitioner effectively acts as your supervisor for the purposes of completing the WDP. An application for a WDP can be made at any stage of the infringements process, except where: • an infringement is paid; • a seven-day notice has expired; • an attachment of earnings direction or an attachment of debts direction has been made;