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                    Special circumstances

                    If you were homeless, had a serious drug or alcohol addiction, had a mental or intellectual condition or were experiencing family violence at the time you received a fine from City of Melbourne, you may be able to claim special circumstances.

                    ​​​​​​​​​​​On this page:

                    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 special circumstances applied to you at the time you got the fine and you have a suitable supporting document, you can apply to have your fine re​viewed.

                    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​.

                    Frequently asked questions

                    Special circumstances

                    How can I request a review of my fine?

                    In certain circumstances you can ask the issuing agency to review your fine because there were special circumstances that meant you were unable to understand or control the offending conduct. 

                    Important: If you have received a Notice of Final Demand in addition to the original fine, you can no longer apply for a review. You must contact Fines Victoria by calling 9200 8222 or visiting Ground Floor, 277 William Street, Melbourne.

                    How and when can I apply for a review?

                    If you believe you have special circumstances you should write to the issuing agency and request a review on these grounds. You can also ask a friend or someone you trust to apply on your behalf, with your written approval. The contact details of the issuing agency will be on the fine.

                    An application must provide your current contact details (name, postal address and telephone number) and describe how special circumstances apply to you. It must be sent before the due date on the fine or penalty reminder notice.

                    Important: You are only able to make one application, so seeking legal assistance from a community agency is recommended.

                    What do I need to provide?

                    You must provide a statement from your medical practitioner or case worker that explains how your special circumstances meant you could not obey the law. This statement should be less than 12 months old.

                    Who can provide a statement confirming special circumstances?

                    Statements can be accepted 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:
                      • case worker or case manager
                      • agency funded under the Supported Accommodation Assistance Act 1994
                      • other health or community welfare service provider such as Salvation Army or Jesuit Social Services.
                    • 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 in the practitioner or case worker statement?

                    A statement should include:

                    • the practitioner's qualification and their relationship with you
                    • the nature, severity and duration of your condition or symptoms
                    • how your condition affected your inability to understand or control your conduct leading to the offence.

                    It would also be helpful if the statement included any treatment you have undertaken or are currently undertaking.

                    How will the City of Melbourne make its decision?

                    The City of Melbourne reviews special circumstances applications in accordance with the Model Operating Policy for Enforcement Agencies.

                    Model Operating Policy for Enforcement Agencies (DOC 50 KB)
                    Model Operating Policy for Enforcement Agencies (PDF 2.3 MB)

                    This guidance framework has been created for enforcement agencies to promote transparency and consistency in the internal review process.

                    This policy explains that if your application is unsuccessful it may be referred to the Melbourne Magistrates’ Court. As of 1 July 2017 this is no longer the case. It also does not reference family violence, which was added to the definition of special circumstances from 1 July 2017.

                    What happens next?

                    If your application is successful, the City of Melbourne will inform you that your fine (and any related fees) has been withdrawn and that no further action is needed.

                    If your application does not contain enough information, you may be asked to provide further information by a certain date. If you do not respond, your application will be reviewed based on the information available. If you require an extension, you should contact the City of Melbourne.

                    If your application is unsuccessful, your remaining options will be outlined in the letter we send you (for example, pay the fine, apply for a payment plan or elect to have the matter heard at court).

                    More information

                    Visit Fines Victoria​ for more information about fines or the infringements system.

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