Fines Reform Act 2014

to provide for the appointment, powers and functions of the Director, Fines Victoria; and

to provide for the collection of court fines and infringement fines by the Director, Fines Victoria; and

to provide for the enforcement of court fines and infringement fines under one Act; and

to make amendments to the Infringements Act 2006 and the Sheriff Act 2009 and to make consequential amendments to other Acts.

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

If a provision of this Act does not come into operation before 31 May 2018, it comes into operation on that day.

to provide for the centralised collection and enforcement of infringement fines and court fines by an administrative entity; and

to strengthen enforcement mechanisms to better deter people that would otherwise avoid paying their fines; and

to support vulnerable people with fines; and

to enhance review and oversight processes—

to ensure that the infringements system operates fairly and transparently; and

to reduce the burden on the courts system.

to enforce registered infringement fines;

to manage the collection of court fines;

to enforce registered court fines;

to oversee, monitor and report on the infringement activity of enforcement agencies and the operation of internal review processes;

to manage the payment of infringement penalties and fines by payment arrangements for natural persons and bodies corporate;

to enter into arrangements or agreements with any person or body with appropriate skills and experience to act as the Director's agent in the carrying out of any functions and powers under Part 5;

to issue work and development permits to eligible persons who have been served with infringement notices;

to manage and monitor the operation of the work and development permit scheme;

to waive the payment of any outstanding amount of an infringement fine owed by an eligible person who is, or has been, subject to a work and development permit in accordance with section 10F;

to manage and monitor the operation of the family violence scheme;

to determine FVS applications;

to perform functions under Part 8B of the Public Health and Wellbeing Act 2008;

to accredit organisations and qualified health practitioners for the purposes of the work and development permit scheme;

to monitor the conduct of accredited agencies and accredited health practitioners accredited for the purposes of the work and development permit scheme;

to waive the payment of outstanding amounts under a relevant infringement fine that a person who is in custody is subject to in accordance with section 171AD;

any other powers or functions conferred or imposed on the Director by or under this Act, the Infringements Act 2006 or any other Act.

Subject to subsection (2), the Director may delegate to any person or class of person employed under section 7 in the administration of this Act, the Infringements Act 2006, Part 8B of the Public Health and Wellbeing Act 2008, a roads and tolling Act or any other Act any function or power conferred, or duty imposed, on the Director by or under this Act, the Infringements Act 2006, Part 8B of the Public Health and Wellbeing Act 2008, a roads and tolling Act or any other Act other than this power of delegation.

The Director may delegate any powers or functions under Part 5, or under Part 8B of the Public Health and Wellbeing Act 2008, other than this power of delegation to a person or class of persons employed under Part 3 of the Public Administration Act 2004.

The Director may delegate any powers or functions under Part 8B of the Public Health and Wellbeing Act 2008 other than this power of delegation to a contractor within the meaning of section 173A.

A delegation under this section must be—

by instrument; and

to a person or class of persons or body with appropriate skills and experience to carry out the delegated powers or functions of the Director.

In this section—

the Road Safety Act 1986;

the EastLink Project Act 2004;

the Melbourne City Link Act 1995;

the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

the North East Link Act 2020.

The Director may waive or reduce any fees payable or paid by a person under this Act or the Infringements Act 2006 if satisfied that in all the circumstances it is appropriate to do so.

A waiver or reduction under subsection (1) may be—

in whole or in part; and

in respect of certain matters or classes of matters; and

in respect of certain persons or classes of persons; and

subject to specified conditions.

In the case of a court fine, the Director must not exercise a power to waive or reduce fees under subsection (1) if the court has imposed those fees.

If the Director reduces costs or fees under subsection (1), the reduced amount must be paid—

within 21 days; or

if a payment arrangement has been made in respect of the reduced costs or fees, in accordance with that payment arrangement.

If a person makes a part payment of the reduced fees that is not part of a payment arrangement, or fails to pay reduced fees in accordance with subsection (4), any enforcement action available under this Act or the Infringements Act 2006 may resume from the point that any enforcement action under this Act or the Infringements Act 2006 had reached at the time the reduction was made under subsection (1).

Subject to subsection (3), the Director is entitled to appear or be represented and to give evidence at the hearing of the following—

an application under section 30 challenging being a declared director;

a proceeding under section 165;

a proceeding under Part 3B of the Sentencing Act 1991, unless the court orders otherwise.

Without limiting any other power of the Director to appear or be represented or give evidence in any proceeding, the Director may appear or be represented and give evidence at the hearing of any proceeding if the court hearing that proceeding requires the Director to do so.

The absence of the Director or the Director's representative does not prevent a court from making any order.

Nothing in this section requires the Director to appear or be represented at a hearing referred to in subsection (1).

In this Part, eligible person means a person—

served with an infringement notice or in respect of whom a collection and enforcement order in relation to an outstanding registered infringement fine has been made and registered under section 15E; and

in respect of whom at least one paragraph in subsection (2) applies.

For the purposes of subsection (1)(b), the following paragraphs are specified—

the person has a mental or intellectual disability, disorder or illness;

the person has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981;

the person is experiencing homelessness in accordance with the prescribed criteria (if any);

the person is experiencing acute financial hardship;

the person is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008.

participating in unpaid work under the supervision of an accredited agency; or

completing a suitable course, including educational, vocational or life skills courses; or

undergoing treatment given by an accredited health practitioner; or

receiving financial or other types of counselling; or

in the case of an eligible person under the age of 25 years, participating in a mentoring program.