The Law Handbook 2024

Chapter 3.1: Fines and infringements 117 spread of COVID-19 that must be followed, the same as other laws. You may have received a fine from Victoria Police or another authorised agency if you were accused of not following the Chief Health Officer’s directions. You can see the public Pandemic Order Register (www.health.vic.gov.au/covid-19/pandemic-order- register) toseewhattheruleswerewhenyouwerefined. Your options for dealing with a COVID-19 related fine are the same as for other fines (see Options 1–9) except that you can also seek to pay a concessional amount for a COVID-19 fine (see ‘What if I want to pay my COVID-19 fine but I can’t afford it’). Information on this is available here: https://online. fines.vic.gov.au/Support/concession. What if I want to pay my COVID-19 fine but I can’t afford it? The PublicHealth andWellbeingAct 2008 (Vic) introduced a concession-based scheme for COVID-19 fines, meaning that eligible recipients of COVID-19 fines can apply for a reduction of their COVID-19 fine penalty. The concession scheme is specific and limited to COVID-19 fine recipients for alleged offences under the Public Health and Wellbeing Act 2008 (Vic). If you have been issued with COVID-19 fines, you can apply to the Director of Fines Victoria for a reduced infringement penalty amount if you can satisfy prescribed criteria. To be eligible for the scheme, you must have one of the following concessions: • a Services Australia Health Care Card; • a Services Australia Pensioner Concession Card; • a Department of Veterans’ Affairs Health Care Card (a Gold Card); • a Commonwealth Seniors Health Card; • an ImmiCard issued by the Commonwealth Department of Home Affairs; • letter from the Department of Home Affairs showing that you hold or have applied for an eligible Australian visa; or • a PTV Asylum Seeker ID Card. Some visas entitle their holders to a concessional penalty. If you are not an Australian citizen, to be eligible for the scheme, you must be an applicant for or a holder of a certain Australian visa (namely: 010: Bridging A; 030: Bridging C; 050: Bridging (General); 051: Bridging (Protection Visa Applicant); 200: Refugee; 201: In-country Special Humanitarian; 202: Global Special Humanitarian; 203: Emergency Rescue; 204: Woman At Risk; 449: Humanitarian Stay (Temporary); 785: Temporary Protection; 786: Temporary (Humanitarian Concern); and 790: Safe Haven Enterprise; 866: Protection). If you have a Bridging A, Bridging C or Bridging (General) visa, you are only eligible for the scheme if your visa was issued in relation to an application for one of the other substantive visas listed above. This is because these bridging visas can also be issued to applicants who have applied for other substantive visa types (e.g. partner visas or skilled migration visas). As part of your application to the COVID-19 concession scheme, you must provide a copy of your concession card or a letter from the Department of Home Affairs showing you hold or have applied for an eligible Australian visa. You cannot apply for the COVID-19 concession scheme if: • the fine and any fees have been paid in full; • you were served a 7 Day Notice and it is now expired, or you waived the 7 day period; • an attachment of earnings direction or an attachment of debts direction has been made; • a land charge has been recorded; or • property has been seized under a vehicle seizure and sale notice if you have chosen to have the matter heard in court. If you are eligible for the scheme, Fines Victoria will notify you that your fine has been reduced with the amount to be paid depending on the offence and it is then your responsibility to deal with the fine. If you are not eligible for the scheme, Fines Victoria will notify you and it is then your responsibility to deal with the fine within 21 days of receiving the decision letter. Your options for dealing with the fine are the same as for other fines (see Options 1–9). Infringements issued to children Infringements can be issued to children under the age of 18 in certain instances. If you were under 18 when you received a fine, you can: • pay your fine in full; • elect to have the matter heard in court; • apply for a payment plan;