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What are special circumstances?
The term 'special circumstances' is defined in the Infringements Act 2006.
Special circumstances may apply to you if at the time you got a fine one of the following situations contributed to you having a significantly reduced capacity to either understand or control the behaviour that was against the law:
- you had a mental or intellectual disability, disorder, disease or illness, or
- you had a serious addiction to drugs, alcohol or a volatile substance
- you were experiencing homelessness*
- you were a victim of family violence.**
Special circumstances may also apply if you are experiencing long-term circumstances (not solely or predominantly related to your personal financial situation) that make it impracticable for you to pay.
*Homelessness can include staying in crisis accommodation, living in transitional housing or sleeping rough.
** Family violence can include abusive or threatening behaviour by a person towards a family member, as explained in the Family Violence Protection Act 2008.
Not understanding the road rules is not special circumstances. As a driver, you are expected to understand the road rules as a condition of your driver licence.
If you think special circumstances applied to you at the time you got a fine, we can review your fine on these grounds.
Providing us with supporting documents
You should provide us with a supporting document from a relevant practitioner, case worker or agency to help us review your fine.
The document should be less than 12 months old.
Who should provide a supporting document
We can consider documents from relevant practitioners, including but not limited to:
- in the case of a mental or intellectual condition:
- general practitioner
- psychologist, psychiatrist or psychiatric nurse.
- in the case of a serious addiction to drugs or alcohol:
- general practitioner
- psychologist or psychiatrist
- case manager
- accredited drug treatment agency or counsellor.
- in the case of homelessness:
- In the case of family violence:
- medical practitioner
- Victoria Police
- family violence case worker or social worker
- health or community welfare service provider.
What should be included in a supporting document
It is helpful for a document to include:
- the practitioner's qualification and their relationship with you
- the nature, severity and duration of your condition or symptoms
- how your condition reduced your capacity to understand or control your conduct leading to the offence
- any treatment you have undertaken or are currently undertaking.
Applying for review
If you need legal assistance, help finding a local community legal centre or further advice about your options in dealing with a fine, you can contact
Victoria Legal Aid.