The Law Handbook 2024

Chapter 3.1: Fines and infringements 119 • a list of infringements to be considered for withdrawal, including the infringement number(s) and vehicle registration(s); • a summary of the circumstances impacting your capacity to pay, for example, financial hardship, disability, family violence or substance dependence; • information on how you will prevent incurring further toll road debt. When asking for Eastlink fines to be withdrawn, you also need to explain why other options discussed in the rest of this chapter, for example a special circumstances application or a work and development permit, are not appropriate. Once you apply to the toll road company for withdrawal, they should assess and determine your application within five business days. If they approve your application, they will write to Fines Victoria for the withdrawal to be actioned and then Victoria Police will send you a notice of withdrawal by post. Infringements that are paid in full are not eligible for withdrawal under the toll recall process. Are the fines still outstanding? Time limits The infringements system sets time limits after which no further action can be taken against you. These limits vary according to the stage the matter has reached in the infringements process. Where an infringement notice has been issued, the time limit is six months from the offence, or from the time when you last made a payment of part of the fine. If, within that time, the matter has not been registered with Fines Victoria and a summons has not been issued for you to appear in court, the enforcement agency cannot make you pay the penalty. The time limit to issue a summons to appear in court for a fine offence is 12 months from the date of an infringement for the offence, but three years for fines issued by local councils. If you are being pursued to pay old fines, check on these time limits; you may no longer be required to pay the debt. If you believe this is the case, seek advice from a financial counsellor (see Chapter 5.4: Financial counselling services) or legal service (see Chapter 2.4: Legal services that can help) to help you argue your case with the enforcement agency or Fines Victoria. Going to court When might you go to court? There are several reasons why you might choose, or be obliged, to appear in the Magistrates’ Court in relation to your fines. The procedures, options and requirements vary depending on the nature and purpose of the court hearing. The types of penalties a court can impose also vary depending on the type of court hearing (for further information on possible penalties, see ‘Court penalties’, below). There are two main types of court hearing that apply to infringements matters: 1. ‘Open court’ hearings in the Magistrates’ Court; 2. Enforcement warrant hearings (‘section 165 hearings’). There are six scenarios that can result in you having to attend one of the two types of court hearing: 1. You elect to have the matter dealt with in open court; 2. The enforcement agency issues a charge and summons; 3. The enforcement agency refuses to withdraw a fine after conducting an internal review and refers the matter to be heard in open court; 4. You apply for enforcement review on grounds other than special circumstances and the agency commences a proceeding by filing a charge sheet; 5. You apply for enforcement review on the grounds of special circumstances and the agency commences a proceeding by filing a charge sheet; 6. You are arrested on an enforcement warrant and brought before the court for an enforcement warrant hearing (‘section 165 hearings’). Before going to court, seek legal advice (see Chapter 2.4: Legal services that can help). Hearings in the Magistrates’ Court Each of the scenarios relating to ‘open court’ hearings in the Magistrates Court is discussed below in greater detail, along with information about the