(VIC) Make Fines Victoria Cancellation Decisions Final and Binding
- Chelsea Lee, Mieke Crighton, Abbey Bailey, Mecca Setiawan, Eunike Pangarian & Jacinda Dixon-Rielly
- 2 days ago
- 7 min read
Author: Chelsea Lee, Mieke Crighton, Abbey Bailey, Mecca Setiawan, Eunike Pangarian & Jacinda Dixon-Rielly | Publish date: 14/4/2026
P: In VIC, decisions made by Fines Victoria to cancel a charge are not binding on enforcement agencies.
S: The VIC Minister for Police should amend Section 38 of the Fines Reform Act 2014 (VIC) to make Fines Victoria cancellation decisions final and binding on enforcement agencies.
E: Justice Connect: ‘Amending the Fines Reform Act 2014 (VIC) to make an enforcement cancellation decision by Fines Victoria final and binding on an enforcement agency’.
Problem Identification:
Section 38 of the Fines Reform Act 2014 (VIC) outlines the process for when Fines Victoria decides to cancel an infringement. However, subclause (2)(c) states that enforcement agencies are still permitted to commence proceedings by ‘filing a charge-sheet’ or a ‘new infringement notice’.
According to Justice Connect, this means that even if a fine was cancelled by Fines Victoria, an enforcement agency can still proceed with the charge. The Victorian Council of Social Service (VCOSS) explained that this is even if ‘Fines Victoria determined that a person's special circumstances … caused them to incur the fine.’ West Justice, a VIC legal service, argued that this funnels vulnerable people into the court systems. VCOSS further stated that this creates backlogs in the Magistrates’ Court.
Context:
According to Fines Victoria, a government administrative body, the fines system in VIC ‘offers the option to pay a fixed penalty … rather than going to court. If you are caught breaking the law … you will be issued with a penalty in the form of an Infringement Notice (a fine).’ The Department of Justice and Community Safety (DJCS) annual report noted that in the 2019–20 financial year, 4.11 million infringement fines were issued in VIC. They further noted that approximately 9.8% of infringement fines were subject to an internal review, while 0.6% (24,660) proceeded to the Magistrates’ Court after being contested.
According to Fines Victoria, they can review and cancel a fine in the case of special circumstances, such as ‘a mental or intellectual disability, disorder, disease or illness’; those with ‘a serious addiction’; ‘victim[s] of family violence’; and those who are homeless. After the review, the infringement notice is referred back to the original enforcement agency, who can either ‘take no further action’, ‘issue an official warning’ or proceed to court.
Fines Victoria defined ‘enforcement agencies’ as bodies that deal with ‘the issuing, collection, review, enforcement, and disbursement of fines’. They further stated that this includes bodies such as VIC Police, the Department of Transport and Planning, the Victorian Building Authority and Local Councils.
Arguments:
West Justice highlighted that by not ‘making Fines Victoria’s decisions final and binding … vulnerable Victorians [are] being funnelled into the court system.’ Peninsula Community Legal Centre reported in 2023–24 that among people seeking assistance with their fines in VIC, 87% reported financial hardship and 55% had a disability. Justice Connect noted that people ‘who can afford to deal with their infringement payment … avoid the stress of going to court’, whereas ‘people experiencing poverty … cannot afford to exit the system’. Justice Connect further stated that this ‘leads to vulnerable community members being unnecessarily caught up in the justice system.’ West Justice warned that exposure of vulnerable Victorians to the ‘criminal legal system … sees hardship compounded and reoffending become more likely.’
Justice Connect stated that the ‘process is inefficient, [and] contributes to the backlog in the Magistrates’ Court’. The Federation of Community Legal Centres noted that there are ‘high numbers of minor traffic and transport offences listed in the Magistrates’ Court following successful enforcement review, including where special circumstances have been found by Fines Victoria.’
The Fines Reform Advisory Board (FRAB) stated ‘mechanisms of the fines system are fragmented across … various entities’, generating a ‘significant inconsistency’ within the system. FRAB noted that ‘each enforcement agency has different practices in relation to the issuing, internal review, enforcement and withdrawal of fines.’ For example, the VIC Ombudsman reported a case where Maribyrnong Council refused to withdraw an infringement notice, despite Fines Victoria flagging exceptional circumstances. VCOSS highlighted that these non-binding cancellation decisions do not ‘ensure fairness’. The VIC Ombudsman further concluded that ‘failing to exercise discretion fairly … can … damage public trust in those who make decisions, and ultimately, in government.’
Advice/Solution Identification:
Justice Connect, VCOSS, West Justice, and the Fines Reform Advisory Board have all called to make Fines Victoria’s cancellation decisions final and binding on enforcement agencies. VCOSS stated that this reform could ‘ensure fairness, expedite outcomes for fines recipients, and ease court system congestion.’ West Justice further stated that this solution would ‘reduce reoffending and prosecution’.
Precedent:
There is a domestic precedent for binding cancellation decisions that enforcement agencies cannot overrule. In NSW, a single authority (Revenue NSW) is responsible for fine cancellation decisions that enforcement agencies must comply with.
Public Support:
This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.
News Coverage:
ABC News - “Fines Victoria slammed by ombudsman as complaints soar, 400 licences suspended in error”. The article reported on Victorians having their licenses wrongly suspended due to a fines system ‘plagued with errors’. By: Richard Willingham | 17 April 2019 - Read the article here.
ABC News - “Calls for law reform to ease burden of unpaid fines for Melbourne's disadvantaged drivers”. The article discussed toll fines in Melbourne, which have led to millions of dollars in late penalties, with legal groups advocating for reforms to further protect vulnerable Victorians. By: Leanne Wong | 7 April 2022 - Read the article here.
Ombudsman Victoria - “More parking fines in doubt after Ombudsman follow-up report”. The article identified five councils, a university, and an agency that outsourced the internal review of parking infringements. By: Aleks Devic | 17 March 2021 - Read the article here.
Where to go to learn more:
(2021) Closing the revolving door between the justice system, prison and homelessness | Justice Connect - This report recommended a number of reforms to the fines system in order to combat homelessness, including making cancellation decisions by Fines Victoria binding on enforcement agencies. View the full submission here.
(2021) Submission for the Inquiry into Victoria’s Justice System | West Justice - This report outlined a submission to the Legislative Council's Inquiry into Victoria’s justice system, including recommendations to reform the fines system that criminalised poverty and created a harmful fine-to-crime pipeline for low-income families and young people in Melbourne’s west. View the full submission here.
(n.d.) Summary Report on the Delivery of Fines Reform | Fines Reform Advisory Board - This report outlined a private submission to the Fines Advisory Board providing independent advice on fines system reforms. View the full submission here.
(2022) Attorney-General’s Guidelines to the Infringements Act 2006 – for Enforcement Agencies | Department of Justice and Community Safety - These guidelines provided guidance to enforcement agencies on their responsibilities in administering the Infringements Act 2006 (VIC). Read the full guidelines here.
Fines Reform Act 2014 (VIC) - Read the Act here.
Human Perspective:
Trigger Warning: Disability and financial hardship
Hannah is a 30-year-old Indigenous woman with a developmental disability living in Victoria. Because of her disability, Hannah has trouble with time awareness. She was issued 7 infringement notices after accidentally parking for too long in a one-hour-only zone at her local community centre. Hannah relies on government assistance and became extremely anxious about how she would manage to pay the fines. At the community centre, somebody helped her fill out a ‘special circumstances’ application to send to Fines Victoria. She was relieved when the application was successful, and Fines Victoria cancelled the enforcement of the infringements. However, when the matter was referred back to Victoria Police, they informed her that they had decided to continue with the proceedings and prosecute the case in the Magistrates' Court. Due to the fragmented nature of the fines system, Hannah was confused about what to do next. She felt alone, as she was left to navigate the complicated court system by herself. She was overwhelmed at the prospect of going to court, and this only worsened over time as she waited for her hearing in an already severely backlogged Magistrates' Court. The matter was heard, and she was given an adjourned undertaking without conviction. Throughout the infringement proceedings, Hannah’s mental health deteriorated to the point where she struggled to leave the house. Hannah couldn’t understand why, after Fines Victoria had already withdrawn the infringements, she had to continue fighting the same charges all over again in court.
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
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Disclaimers
Please review all FORE disclaimers here.
Reference list:
Department of Justice and Community Safety. (2020). Annual report: Infringements system 2019-20 [Report]. Victorian Government. https://vgls.sdp.sirsidynix.net.au/client/search/asset/1308472
Federation of Community Legal Centres VIC. (2020). PAEC inquiry into the Victorian government’s response to the COVID-19 pandemic [Submission]. https://d3n8a8pro7vhmx.cloudfront.net/fclc/pages/750/attachments/original/1601864467/PAEC_Inquiry_Into_Victorian_Government_Response_to_COVID-19_Pandemic_Submission_2020.pdf?1601864467
Fines Act 1996 (NSW). https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1996-099#:~:text=(2)%C2%A0%20For%20the,all%20penalty%20notices.
Fines Reform Act 2014 (VIC). https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/fra2014138/s38.html
Fines Reform Advisory Board. (n.d.). Summary report on the delivery of fines reform. https://engage.vic.gov.au/download/document/9685
Fines Victoria. (n.d.). Roles and responsibilities. https://online.fines.vic.gov.au/About-Fines-Victoria/Roles-and-responsibilities
Justice Connect. (2021). Closing the revolving door between the justice system, prison and homelessness [Submission]. https://justiceconnect.org.au/wp-content/uploads/2021/10/Justice-Connect-submission-to-Victorias-criminal-justice-inquiry-Sept-2021.pdf
Peninsula Community Legal Centre. (2024). Annual impact report 2024 [Report]. https://pclc.org.au/wp-content/uploads/2024/11/2023-24-PCLC-Annual-Report-FINAL.pdf
Victorian Council of Social Service. (2022). Victorian election platform. https://vcoss.org.au/wp-content/uploads/2022/08/2022-VCOSS-Election-Platform.pdf
Victorian Council of Social Service. (2025). VCOSS submission to remaking of fines regulations [Submission]. https://vcoss.org.au/wp-content/uploads/2025/12/VCOSS-Submission-into-Remaking-of-Fines-Regulations-Department-of-Justice-and-Community-Safety-1.pdf
Victoria Legal Aid. (2026, April 10). Special circumstances – Enforcement orders and infringements. https://www.legalaid.vic.gov.au/special-circumstances
Victorian Ombudsman. (2018). Investigation into Maribyrnong City Council's internal review practices for disability parking infringements [Report]. https://www.ombudsman.vic.gov.au/our-impact/investigation-reports/investigation-into-maribyrnong-city-councils-internal-review-practices-for-disability-parking-infringements/
Woodward, A., & Jeronimus, A. (2021). Submission for the Inquiry into Victoria’s Justice System [Submission]. West Justice. https://www.westjustice.org.au/cms_uploads/docs/wj-cjs-submission-20.09.2021.pdf
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