Infringements

Infringements

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Application for revocation if the client was not the driver of the vehicle

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.

Under section 66(4) of the Infringements Act, the Infringements Registrar has the power to revoke the enforcement order and cancel the infringement notice if the Infringements Registrar is satisfied that the applicant was not the driver at the time of the offence and the applicant has nominated another driver. 

In order to make an application for revocation on these grounds, your client must make an application in writing under section 65 of the Infringements Act which sets out the grounds on which the revocation is sought (including the details of the nominated driver) and send it to the Infringements Registrar. 

An application form can be downloaded here (Form A).   Civic Compliance Victoria has provided a sample completion guide which provides detailed instructions on how to fill out this application form.

The application form notes 'Your application must include the full name, current address, licence number, and if known, date of birth of the nominated driver or new owner. If you do not have these particulars, you must include a statement as to why you cannot fully nominate and the efforts you have made to locate them'.  Other evidence that might be provided includes documents showing that the client was in hospital or prison at the time of the offending or that they were interstate or overseas (for example, through provision of passport entries, airline tickets or boarding passes).

If your client does not have a clear recollection of whether or not they were driving the vehicle at the time of the offending (or has no compelling evidence to establish this) and they have clear special circumstances, you should advise them of the option of accepting responsibility for the offences and applying for revocation on the basis of their special circumstances.