Special circumstances

The term 'special circumstances' is defined in the Infringements Act 2006Opens in new tab.

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 2008Opens in new tab.

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. 

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:
  • case worker or case manager
  • agency funded under the Supported Accommodation Assistance Act 1994Opens in new tab​
  • 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 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.

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 AidOpens in new tab​.