Infringements

Infringements

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Summary of options for dealing with infringement notices

Important changes from 1 July 2017

From 1 July 2017, the Infringements Act 2006 (Vic) will be changed as part of Victoria’s fines reform process, including new ‘social justice initiatives’ that will affect people experiencing vulnerability. Please be aware of these reforms in relation to any infringements and fines assistance that you are providing to your clients.

Justice Connect Homeless Law pro bono lawyers should read our further materials about the changes here (password needed), before doing any fines work after 1 July 2017. Please speak to your supervising lawyer, team leader or Homeless Law staff for more information.

The options your client has for dealing with infringement notices and penalty reminder notices that have not yet been registered with the Infringements Registrar are as follows:

  1. Write to the enforcement agency requesting an internal review of the decision to serve an infringement notice and/or a withdrawal of the outstanding infringement notices pursuant to section 18 and 22 of the Infringements Act.  
  2. Elect to have the matter heard and determined at the Magistrates' Court pursuant to section 16 or 30 of the Infringements Act. 
  3. Write to the enforcement agency asking for a payment plan to be put in place, or for an extension of time for your client to pay or both pursuant to section 46 of the Infringements Act.
  4. If it relates to a driving offence, and your client was not the driver, nominate another driver.
  5. If your client was unaware of the fine, apply for cancellation within 14 days of becoming aware of the notice pursuant to section 37 of the Infringements Act or if a traffic offence, apply for extension within 14 days pursuant to section 67 or section 89B of the Road Safety Act 1986 (Vic). 
  6. Pay in full.