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An infringement notice, often called an "on-the-spot fine", is usually issued for minor offence, such as parking and traffic, public transport, and public order offences (such as littering or drinking in a public place).
The infringements system was expanded in July 2008 (on a trial basis) to include shoplifting, careless driving, alcohol related offences and offensive behaviour. The penalty to be paid for infringements varies.
The infringements system is set out in the Infringements Act. It gives anyone who has been issued with an infringement notice a number of options, including a chance to pay the penalty and avoid any court proceedings. The system is designed to allow flexibility. Many people who are living on limited incomes or experiencing homelessness accumulate unpaid fines or infringement notices. In some cases, this is because of the person's housing status; for example, a person is far more likely to incur a fine for drinking in public if they have no private residence in which to drink.
In other cases, there may be further underlying causes; for example, a person who is mentally ill and is the subject of an administration order may simply have no money to buy a ticket for public transport. The Act also allows for a review of the decision to issue the fine in the first place. In some cases people may be able to have their fine revoked.
An infringement notice should contain details about the offence and how to pay the penalty, including:
- the name and address of the person who is thought to have committed the offence;
- the vehicle registration number;
- a warning that the fine must be paid within the stated time limit;
- other options for dealing with the fine, including your right to appeal the decision or enter into a payment plan
The following steps set out how the infringement system works:
pay the penalty within 28 days and no further action will be taken
OR
don't pay the penalty and you are sent a reminder notice which adds additional costs
pay the penalty and costs within 28 days and no further action will be taken;
OR
don't pay within the time stated and the notice is registered with the Infringements Court, which then issues an enforcement order.
pay the penalty and costs within 28 days and no further action will be taken;
OR
don't pay within 28 days – the Infringements Court will issue an infringement warrant.
pay the penalty and costs in the infringement warrant and no further action is taken;
OR
don't pay and a warrant is issued authorising the Sheriff to seize property or, if the person has little or no property, to arrest the person. In addition to the powers to seize property and person, the Sheriff has powers to suspend and cancel a driver's licence or a vehicle's registration, wheel clamp a motor vehicle and deduct money from your wages until payment is made.
If you did not commit the offence alleged in the infringement notice, had a reasonable excuse for committing the offence or you are experiencing financial hardship then there may be options available to you other than payment. These options include requesting a review of the decision to issue the fine, paying by instalment or getting an extension of time in which to pay.
If you receive an infringement notice, you have several choices about what to do. As described above, there are a number of stages in the infringements system, and your options change according to the stage the matter has reached. Before you decide what to do, it is worth looking at all the available options to see which one best fits your particular situation.
The options available to you at various stages of the infringements system process are to:
- do nothing (not recommended);
- pay the penalty;
- ask for the notice to be cancelled or withdrawn;
- ask for a review of the decision to issue the notice;
- nominate another driver (for motor vehicle offences);
- ask for more time to pay;
- arrange to pay by instalments;
- take the matter to the Magistrates' Court;
- apply to have the enforcement order "revoked" or cancelled; or
- do community work instead of paying the penalty
Whatever you choose to do, be aware of the time limits involved. If you wait too long, it may be too late for you to take the option that would be best for you.
If you are unsure what to do, you can ask for help from a financial counselling service, community legal centre or Victoria Legal Aid. There may be a waiting list for assistance, so it's best to get in contact as soon as possible.
Some of these options are only available at certain stages of the infringements system process or in relation to certain types of fine, and some have different results depending on when they are put into effect.
The infringements system sets certain time limits after which no further action can be taken against you. These limits vary according to the stage the matter has reached in the infringements process. If, within the time limit, the matter has not been registered with the Infringements Court and a summons has not been issued for you to appear in court, the enforcement agency cannot make you pay the penalty. If you are being pursued for payment of old fines, it is worth checking on these time limits. If you believe you are no longer required to pay the fine, you should seek advice from a financial counsellor or legal service.
For more information on this subject refer to The Law Handbook chapter 4.4.
| Federation of Community Legal Centres(for referral to your nearest service)Tel: 9652 1500 Web: www.communitylaw.org.au | PILCH Homeless Persons’ Legal ClinicTel: 8636 4400 or Freecall: 1800 606 313Web: www.pilch.org.au |
|---|---|
| Victoria Legal AidTel: 9269 0120Web: www.legalaid.vic.gov.au | Financial and Consumer Rights CouncilTel: 9663 2000 or 1800 134 139 (toll free)Web: www.fcrc.org.au |
| Infringements CourtTel: 9200 8222Web: www.justice.vic.gov.au | Melbourne Magistrates’ CourtTel: 9628 7777Web: www.magistratescourt.vic.gov.au |
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| Chapter 4. BAIL AND SUMMONS | Chapter 6. ASSISTANCE FOR VICTIMS OF CRIME |
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