Fines and infringement notices are among the most common ways a person can come into contact with the justice system in Victoria. They arise from a wide range of conduct, including traffic offences, public transport offences, public order matters, and regulatory breaches. While many fines are straightforward to resolve, others — particularly where they escalate through the enforcement process — can have serious consequences.

The enforcement of infringement notices in Victoria is primarily governed by the ‘Fines Reform Act 2014’ (Vic), as well as the ‘Sentencing Act 1991’ (Vic) for fines imposed by courts and specific legislation such as the ‘Road Safety Act 1986’ (Vic) for traffic infringements. Understanding how the system works, and acting promptly, can make a significant difference to the outcome.

At Angus Cameron and Partners, we advise clients on all aspects of infringement notices and fines, including challenging the factual basis of an offence, applying for internal review, and representing clients in court. If you have received a fine and are unsure of your options, we can help.

How Fines Are Issued

A fine may come about in two main ways:

Infringement notices

An infringement notice (also called an on-the-spot fine) is issued by police or an authorised enforcement agency without a court proceeding. Examples include speeding fines detected by camera, public transport offences, and certain public order or regulatory matters. The notice will specify the alleged offence, the penalty amount, and the timeframe within which you must respond.

Court-imposed fines

A court may impose a fine as a penalty following a finding of guilt or a plea of guilty to a criminal or summary offence. Court-imposed fines are recorded as part of the sentencing outcome and are enforceable under the Fines Reform Act if left unpaid.

Responding to an Infringement Notice

When you receive an infringement notice, you generally have the following options:

Pay the fine

Paying the fine within the required timeframe resolves the matter. For most infringement notices, payment does not result in a criminal conviction, though demerit points may still apply for traffic offences.

Apply for an internal review

You may apply to the issuing agency for an internal review of the infringement notice. The agency will consider whether the fine was correctly issued and may withdraw, confirm, or reduce the fine. An internal review is generally a prerequisite to electing to have the matter heard in court.

Elect to go to court

If you dispute the infringement, you may elect to have the matter heard in the Magistrates’ Court. The prosecution must then prove the offence beyond reasonable doubt. If you are found not guilty, the fine will be dismissed. However, if you are found guilty, the court may impose a higher penalty than the original infringement amount.

Apply for special circumstances

The Fines Reform Act provides a process for applying to have an infringement notice withdrawn on the basis of special circumstances. Special circumstances include mental illness or impairment, homelessness, addiction, or a serious addiction to drugs or alcohol that contributed to the offending. If a special circumstances application is granted, the matter may be referred to the Magistrates’ Court for a non-conviction outcome or other resolution.

What Happens If You Do Not Respond

Failing to pay or properly respond to an infringement notice within the required timeframe can trigger a series of escalating enforcement steps:

  • A reminder notice is issued with an increased penalty amount
  • An enforcement order may be made, converting the fine into a debt enforceable against you
  • Enforcement action may follow, including licence suspension, registration cancellation, referral to a sheriff for property seizure, or in some cases, an arrest warrant
  • In serious cases involving a large accumulated debt, a community work order or imprisonment may be considered

Acting promptly — even after enforcement action has commenced — can still limit the consequences. The Fines Reform Act provides mechanisms for entering payment plans or seeking review even at an advanced stage of enforcement.

Challenging or Resolving a Fine

There are several grounds on which a fine may be challenged or resolved favourably:

Factual dispute

If you dispute the facts underlying the infringement — for example, if you were not the driver, or if the alleged conduct did not occur — you may elect to have the matter heard in court. The prosecution must then prove the offence beyond reasonable doubt.

Administrative or procedural errors

Infringement notices that contain errors — for example, an incorrect vehicle registration, date, or offence description — may be challengeable on that basis. Errors in service of the notice may also provide grounds for review.

Special circumstances

As noted above, a person with a mental illness or impairment, cognitive disability, homelessness, or a serious addiction may be able to apply for the fine to be withdrawn or dealt with in a different way. This process is designed to avoid imposing standard enforcement outcomes on people who were significantly affected by their circumstances at the time of the offence.

Hardship and payment arrangements

Where payment of a fine would cause serious hardship, it may be possible to enter into a payment arrangement or apply for a reduction. In some circumstances, fines may be discharged through community service hours.

FAQs

Can I challenge a fine in Victoria?

Yes. Depending on the type of fine, you may be able to apply for an internal review, elect to have the matter heard in court, or apply for the fine to be withdrawn on the basis of special circumstances. The right option will depend on your situation, the nature of the infringement, and your grounds for challenging it.

What happens if I ignore a fine?

Ignoring a fine is likely to make the situation worse. The original penalty amount may increase, and enforcement action can follow, including licence suspension, property seizure, and in serious cases, arrest warrants. Acting early — even if you cannot pay in full — is almost always in your best interests.

Can a fine be withdrawn?

Yes, in certain circumstances. An issuing agency may withdraw an infringement notice following an internal review, for example where there was an error in the notice or where special circumstances apply. Courts may also deal with matters without recording convictions in appropriate cases.

What are “special circumstances” for the purposes of fine enforcement?

Under the Fines Reform Act, special circumstances include a mental illness or impairment, intellectual disability, homelessness, and serious addiction to drugs or alcohol that was present at the time of the offending. If you fall into one of these categories, you may be able to apply for the fine to be withdrawn or dealt with in an alternative way.

I cannot afford to pay my fine. What can I do?

You may be able to enter into a payment arrangement with Fines Victoria, apply for a reduction on hardship grounds, or apply to have the fine discharged by completing community service hours. If you have accumulated a significant fine debt, legal advice can help you understand which options are available to you.

Will paying a fine give me a criminal record?

For most infringement notices, paying the fine does not result in a criminal conviction or a criminal record. However, if you elect to go to court and are found guilty, the court may record a conviction. Court-imposed fines are always part of a sentencing outcome and may be recorded as a conviction depending on the offence.

Can I nominate another person as the driver for a traffic fine?

Yes. If a traffic infringement notice was issued based on camera detection and you were not the driver, you may nominate the actual driver. The infringement will then be redirected to that person. Providing a false nomination is a serious offence.

Do I need a lawyer to deal with a fine?

Not always. For straightforward infringement notices, many people handle the process themselves. However, legal advice can be valuable where the fine is large, where you wish to contest the matter in court, where special circumstances may apply, or where enforcement action has already commenced. We can help you understand your options and achieve the best possible outcome.

Related Guides

You may also find the following guides useful:

  • Guide to Speeding Offences in Victoria — understanding infringement notices and more serious speeding charges