(VIC) Include Excessive Speeding Offences Within Eligible Infringements Under The Family Violence Scheme

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Author: Victoria Karnaros, Olivia Marshall, Claire Percy, Lidan Cao, Eve Faehrmann | Publish date: 16/12/2025

Trigger Warning: Family Violence and Coercive Control

• P: Victim-survivors of family violence can be held financially and legally responsible for excessive speeding fines incurred by their abuser. 

• S: The Minister for Prevention of Family Violence should amend section 3 of the Fines Reform Act 2014 (VIC) to include ‘excessive speeding infringement’ in ‘FVS eligible offence’.

  
  

Problem Identification: 

Section 3 of the Fines Reform Act 2014 (VIC) defines the infringements eligible for review under the Family Violence Scheme (FVS) for potential cancellation or suspension of the penalty. While the scheme covers all other speeding offences, excessive speeding offences are excluded from the list of ‘FVS-eligible offences’ and are thus ineligible for review.

According to the Federation of Community Legal Centres Victoria (FCLCV) and the Infringements Working Group (IWG), this means that victim-survivors are unfairly penalised by excessive speeding offences committed by the perpetrator. They argued that it exacerbates experiences of family violence, including financial disadvantage, potential legal consequences, and increased fear and anxiety.

Context: 

The FVS refers to a process administered by Fines Victoria that allows individuals affected by family violence to have their fine reviewed, cancelled or changed if there is a clear link between the violence and the offence. Justice Connect has explained that it includes situations where the victim-survivor was forced to let the perpetrator use their car, was too afraid to nominate the real driver, or the victim-survivor committed an offence while escaping danger. As a protective measure, under the FVS, the perpetrator is not notified that the review has begun, nor of its outcome. 

Speeding offences are often captured by road safety cameras, where an infringement notice will automatically be sent to the vehicle's owner, regardless of who was driving. An infringement notice includes information about the offence and the fine. 

Excessive speeding offences refer to driving more than 25 km/h over the speed limit or above 130 km/h. In VIC, penalties for excessive speeding offences may include financial penalties starting at $407, licence suspension, cancellation, or convictions. A person who receives an excessive speeding infringement notice, not including the driver, can nominate the actual driver within 28 days. If that driver disputes being named, they may be told who made the nomination.

Arguments:

FCLCV has noted that ‘nominating the driver who was speeding within 28 days is often not safe or possible for victim-survivors.’  According to the IWG, this standard nomination process can put victim-survivors at risk of ‘further violence and retribution if…forced to nominate a perpetrator’ as their identity is not protected. IWG found that many face a choice between ‘accept[ing] responsibility for offences they did not commit’ and putting themselves in danger.

The IWG has highlighted that excluding excessive speeding offences from the FVS could contribute to financial abuse, as many victim-survivors may not have independent access to money and may be trapped by debt and financial coercion. The Australasian Institute of Judicial Administration stated that when victim-survivors pay fines incurred by their abuser, it could ‘erode financial resources necessary to meet the daily living needs of the victim and their families.’

The IWG has noted that victim-survivors’ independence might be compromised and further compounded by existing disadvantages through ‘consequences such as licence or registration suspension’. They have argued that loss of license significantly impacts victim-survivors' ability to engage with employment, education, health, or to care for dependents. WEstjustice has also noted that ‘long periods of licence suspension…may prevent [them] from leaving a violent relationship.’ 

WEstjustice has argued that holding the wrong person to account does not make the roads safer. While some have justified the exclusion of excessive speeding offences from the FVS on grounds that they constitute serious public safety risks, WEstjustice has emphasised that in these cases, the victim-survivors are not the ones creating the safety risk.

Advice/Solution Identification:

The FCLCV, the IWG, and WEstjustice have all called to include excessive speeding offences within eligible infringements under the FVS. The IWG has said that changing the system could ensure they do not have to be ‘penalised for the behaviour of the perpetrator’. Further, WEstjustice has stated that allowing these fines to be reviewed under the scheme could align with VIC’s broader family violence policy.

Precedent:

There is domestic precedent for including all speeding offences as eligible infringements for review. In QLD, individuals can apply to have camera-detected fines withdrawn under family violence circumstances, with no limitations.

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Public Support: 

1. The Infringements Working Group

2. Federation of Community Legal Centres Victoria

3. WEstjustice (Western Community Legal Centre)

   
   

News Coverage:

• ABC – “Magistrate's manipulation of court clerk could be considered coercive control, court hears”. This article covered a case where a former South Australian magistrate was alleged to have emotionally manipulated his court clerk into taking his demerit points for his speeding offences, raising concerns that the conduct amounted to coercive control. By: Meagan Dillon | Date: 11 Feb 2021 – Read the article here.

• BBC – “Drivers who dodged fines with stolen ID sentenced”. This article covered a case in the UK where a group of drivers in West Yorkshire were jailed after using a woman’s stolen identity to take the blame for traffic offences, including speeding. By: Rachel Russell | Date: 27 June 2024 – Read the article here.

Where to go to learn more: 

1. Federation of Community Legal Centres Victoria – Their 5-year policy platform outlined the Victorian community legal sector’s recommendations for policy change, and section 2 advocated for including excessive speeding fines under the FVS. Read the recommendations here.

2. WEstjustice Submission To Family Violence Reform Implementation Monitor – It explained how fines linked to family violence continue to unfairly burden victim-survivors despite the FVS calling for clearer policies, reduced evidentiary burdens, and expanded eligibility for excessive speeding. Read the submission here.

3. Infringements Working Group Discussion Paper – This 2017 submission advocated for the inclusion of excessive speeding under the FVS during its proposing stage. Read the submission here.

4. Infringements Working Group Submission to the Fines Reform Advisory Board – This 2020 submission examined fine reform and how these could be implemented to ensure equity for all Victorians, with particular focus on the FVS. Read the submission here.

5. Monash Gender and Family Violence – This research brief offered a broader context of system abuse, where perpetrators used legal processes to control, threaten, or harass victim-survivors, and summarised the harms and policy implications. Read the research here.

6. Legal Aid Victoria – This page provided practical information for victim-survivors who had received fines when someone else had been driving or when family violence had contributed to the offence, and clarified why some offences (such as excessive speed or drink/drug driving) had not been covered. Read the information here.

7. Homeless Law in Practice – This page explained how the FVS applications had been made under section 10M of the Fines Reform Act 2014 (VIC) for fines to be withdrawn, and illustrated situations where family violence had directly shaped the offending behaviour (e.g. speeding to escape a perpetrator). Read the information here.

8. Fines Victoria – The official overview of how the FVS works, eligibility requirements, what fines are included or excluded, and how to apply. Read the overview here.

9. Fines Reform Act 2014 (VIC) – Read the full Act here.

Human Perspective: 

Trigger Warning: Family and Domestic Violence

Sara has been living in regional Victoria with her partner Liam, who is physically abusive towards her and extremely controlling. Liam prefers to use Sara’s car over his own, as he claims it has better fuel economy. He often takes her car without asking and has subjected Sara to physical violence when she has challenged him on this. One night, while driving her car alone, Liam was caught travelling 135 km/h in a 110 km/h zone, and the excessive speeding infringement notice was issued to Sara, the registered owner. After a friend’s suggestion, she went to the Family Violence Scheme to challenge the speeding fine, but she was shocked to find that excessive speeding fines were not covered. Sara knew that if she now nominated Liam as the driver, without the protection of the Family Violence Scheme, he might find out and retaliate with threats and violence. Sara was anxious about the hefty $407 fine or the possibility of losing her licence. She knew this would affect her job and her ability to get her children to school safely. She felt increasingly isolated, unsafe in her relationship, and unable to protect herself, which added to her stress and psychological trauma.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement: 

N/A

Support 

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com. 

Reference list: 

Australasian Institute of Judicial Administration Limited. (2025, August). Fines: National Domestic and Family Violence Bench Book. https://dfvbenchbook.aija.org.au/article/1080420

Everyday Law in Queensland. (2025, September 1). SPER’s Domestic and Family Violence Process. https://everydaylawinqld.org.au/resource/spers-domestic-and-family-violence-process/ 

Federation of Community Legal Centres Victoria. (2025). Action for justice: A roadmap for change: Policy platform for Victoria’s community legal sector 2025–2030. https://assets.nationbuilder.com/fclc/pages/18/attachments/original/1752803818/FCLC_A4J%28210x297mm%29_Web%2820250715%29_FINAL.pdf

Fines Reform Act 2014 (VIC). https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/fra2014138/

Fines Victoria. (2025). Excessive speed, drug and alcohol offences. https://online.fines.vic.gov.au/Infringement-fines/Excessive-speed-drug-and-alcohol-offences

Fines Victoria. (2025). Family Violence Scheme. https://online.fines.vic.gov.au/Support/Family-Violence-Scheme

Fines Victoria. (2025). Fine amounts and demerit points. https://online.fines.vic.gov.au/Your-options/Fine-amounts-and-demerit-points 

Fines Victoria. (2025). Infringement Notice. https://online.fines.vic.gov.au/Infringement-fines/Infringement-Notice

Fines Victoria. (2025). Nominate the responsible driver. https://online.fines.vic.gov.au/Your-options/Nominate-driver

Infringements Working Group. (2017, February). Discussion paper: Consultation on proposed new scheme to manage victims of family violence within the infringements system. https://www.westjustice.org.au/cms_uploads/docs/westjustice-iwg-submission-on-proposed-fv-scheme.pdf

Infringements Working Group. (2020, January). Making fines reform more effective, accessible and fair for all Victorians. https://www.westjustice.org.au/cms_uploads/docs/iwg-submission-to-the-fines-reform-advisory-board.pdf 

Justice Connect. (n.d.). Family Violence Scheme (FVS). https://hlip.justiceconnect.org.au/practice-areas/infringements/infringement-notices/family-violence-scheme-fvs/

Premier of Victoria. (2017, September 19). New fines scheme to support family violence victim survivors. https://www.premier.vic.gov.au/new-fines-scheme-support-family-violence-victim-survivors 

The Victoria Government. (2023, September 18). Evidence of infringement captured by road safety cameras. https://www.vic.gov.au/evidence-infringement 

WEstjustice. (2020, July 24). Submission to Family Violence Reform Implementation Monitor. https://archive.fvrim.vic.gov.au/sites/default/files/2023-03/Submission-093-Organisation-~Western-Community-Legal-Centre.PDF