The Law Handbook 2024

96 NOTE The law in this chapter is current as at 1 September 2023. The infringements system What is an infringement? Many Victorian Acts, Regulations and local council laws allow for the issue of infringement notices (often called ‘on-the-spot’ fines). Most commonly, infringement notices are issued for minor summary criminal offences, including parking and traffic offences, public transport offences, and public order offences (e.g. littering, drinking in a public place, behaving offensively). Infringement notices are also commonly issued for offences including shop theft, careless driving, failing to vote, and certain offences relating to carrying knives. The penalty to be paid under an infringement notice is usually set by the legislation that created the offence. NOTE: INFRINGEMENTS ARE DIFFERENT TO COURT FINES It is important to note that infringements are different to court fines. Court fines are penalties imposed by a court under the Sentencing Act 1991 (Vic) (‘Sentencing Act’). For information about how to deal with court fines, see ‘Dealing with court fines’, below. Infringements Act 2006 The original piece of legislation regulating the infringements system in Victoria is the Infringements Act 2006 (Vic) (‘ Infringements Act ’), which came into effect on 1 July 2006. The Infringements Act still contains important provisions about infringement notices at the pre-enforcement stage, as well as the definition of ‘special circumstances’. However, as significant reform was introduced by the Fines Reform Act 2014 (Vic) (‘ FR Act ’) and the Fines Reform Amendment Act 2017 (Vic), the FR Act is now the main piece of legislation in relation to fines and infringements in Victoria. The infringements process The infringements system gives anyone who has been issued with an infringement notice several options. One option is to pay the penalty for the offence set out in the notice and thereby ‘expiate’ the offence (that is, finalise the infringement and avoid any court proceedings) (see ‘What happens after an infringement notice is issued?’, below). While there are harsh sanctions at the enforcement stage of the infringements system, the Infringements Act and the FRAct also contain provisions designed to assist people to resolve their fines where appropriate. Many people who are living on limited incomes, or experiencing homelessness, or have other special circumstances accrue significant unpaid fines or infringement notices. Someone may accrue these fines due to their housing status, experience of mental illness, or addiction to drugs or alcohol. Importantly, in such cases, the Infringements Act and the FR Act allow for a review of the decision to issue or enforce a fine. For example, people who provide evidence of their special circumstances may have their fine reviewed and cancelled (see ‘Your options if you get an infringement notice’, below). Also, fines that are a result of family violence can be reviewed (see ‘Option 8: Apply to the Family Violence Scheme’). Official warnings An issuing officer has a discretionary power to issue an ‘official warning’ rather than issue an infringement. This can only occur if the issuing officer reasonably believes that a person has committed an infringement offence, but they think it is appropriate, considering all the circumstances, to instead issue an official warning. Issuing officers are required to comply with any policy or guideline made by the relevant enforcement agency about giving official warnings. 3.1 Fines and infringements Contributors: Shifrah Blustein, Senior Lawyer, Inner Melbourne Community Legal; Hannah Lewis, Principal Lawyer, Homeless Law Justice Connect; and Rochelle Francis, Senior Lawyer, Victoria Legal Aid