Fact sheet P7
Challenging fines
What do these words mean?
Words that are highlighted in bold are explained in our What do these words mean? fact sheet.
What are the main stages of an infringement?
These are:
 the enforcement agency sends you the infringement notice
 the Infringements Court sends you an enforcement order to pay an unpaid fine and any
extra costs. For example, administration costs
 the Sheriff’s Office gets involved if you have not paid
 the Magistrates’ Court can get involved too.
If your infringement is at the Infringements Court stage and you want to challenge the original fine
and the extra costs, you will need to apply to get a revocation of the enforcement order.
This fact sheet is only about revocation.
What is a revocation?
A revocation is just the cancellation of an enforcement order. The infringements registrar decides
whether or not to grant a revocation. If they do, this does not mean the fine or the extra costs are
cancelled. They can send the enforcement order back to the enforcement agency. This stops the
sheriff from taking action.
It is up to the enforcement agency to reconsider whether it wants to go ahead with the fine. The
enforcement agency can cancel your fine and the extra costs.
The enforcement agency has 21 days to withdraw their infringement notice. If the infringement
notice is withdrawn, you do not need to pay the fine and the extra costs. If they do not withdraw
and still want you to pay, the matter will go to the Magistrates’ Court for a hearing. The information
on the next page of this fact sheet will help you prepare for this hearing.
What fines can I get a revocation for?
You can get a revocation for enforcement orders about:
 parking and other local council fines
 public transport fines
 speeding, red light and road toll fines
(for example, Citylink)
 low-level infringement offences such as graffiti or being drunk and disorderly in public.
What fines can I not get a revocation for?
You cannot get a revocation for enforcement orders for a fine that was for a drink or drug driving
offence. You will need to think about how you will pay off this fine.
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How do I get a revocation?
From the Infringements Court
There are two main steps. You have to ask the Infringements Court for a revocation and then the
infringements registrar has to grant it. There is a stronger chance of this happening if there are
‘sufficient grounds’ for why you should not pay the original fine.
Make your request in writing. Do this before the Sheriff’s Office is involved and has executed a
warrant for taking and selling your things.
From the Magistrates’ Court
If the infringements registrar does not grant you a revocation, we explain what to do on the next
page.
What are ‘sufficient grounds’ for a revocation?
The law does not say exactly what this means. If you fall into the following categories, there is a
stronger chance that you might get a revocation.
You did not commit the offence or had a valid reason for committing the offence
You will need to clearly set out what happened. Explain your reasons. For example, ‘I was parking
in the no standing zone but I was taking my mother into the emergency ward at the hospital’. If you
have evidence, mention this in your letter.
There was a delay in getting the infringement notice
There may be a delay because you never actually got the infringement notice or you did not know
that it had been served. You can write to the infringements registrar to ask for cancellation of the
enforcement order. You must do this within 14 days of finding out about the infringement notice.
Explain why the enforcement order should be cancelled.
You have special circumstances
There may be special circumstances that meant you did not understand at the time that what you
did was an offence or you could not control what you did.
Special circumstances include things like mental illness, homelessness and a serious addiction to
drugs or alcohol. If you believe you would fall into this category, get legal advice.
How do I get ready for the Magistrates’ Court hearing?
Know the hearing date
The Magistrates’ Court will set a hearing date and send you a letter. You must go to the
Magistrates’ Court on this date. If you do not go, the magistrate will send back your matter to the
Infringements Court. The enforcement order will continue.
Get your paperwork
Get any paperwork that backs up your case and proves that you have sufficient grounds for a
revocation.
Be ready for the magistrate ordering a revocation
There may be two stages to your hearing. The first decides whether or not the enforcement order
gets revoked. The second (if it is revoked) to deal with the original offences.
Think about how you will plead and what you will say.
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What do I do at the Magistrates’ Court hearing?
Tell the counter staff that you are here
Go to the Magistrates’ Court counter and tell the staff there that you are here for your hearing. The
staff will send your file into the courtroom. This lets the magistrate know that your case can be
heard.
Speak with the prosecutor
Find out what the prosecutor’s attitude is towards your application for a revocation. It will help if
the prosecutor agrees with you. Sometimes the prosecutor may withdraw the matter.
Wait in the courtroom
Find out which courtroom your matter is listed in. Bow to the magistrate as you go into the
courtroom. Go to the court clerk and give him or her your name. Wait in courtroom until your matter
is called.
The hearing happens
When your name is called, go to the bar table. Go to the opposite end of the table from the
prosecutor or behind your lawyer, if you have one. Stand at the bar table and address the
magistrate. Call the magistrate ‘Your Honour’.
This is when you present your case about why you should be granted a revocation. Remember,
you will need sufficient grounds. Present any paperwork that supports your case.
Be ready to answer the magistrate if they ask what you have done about the infringement since
you got the notice.
Note: if you want to argue that you should be granted a revocation because of special
circumstances, get legal advice before going to the Magistrates’ Court.
What if the magistrate does not order a revocation?
The magistrate may decide that you do not have sufficient grounds for a revocation. They will send
your matter back to the Infringements Court. Get legal advice. You may not be able to challenge
this decision. However, a lawyer may be able to help you work out a payment plan with the
Infringements Court or help you work out any issues with the enforcement order and the Sherriff’s
Office.
If the Infringements Court does not agree to revocation, you can appeal this decision to the
Magistrates’ Court. You must tell the Infringements Court that you want to appeal within 42 days of
the decision.
What if the magistrate does order a revocation?
The magistrate hears and determines
The magistrate must now ‘hear and determine’ the matter of the original infringement offence. The
magistrate will treat your case as if it were a usual Magistrates’ Court hearing where the magistrate
is listening to the prosecution’s case for charging you and then listening to your side of the story
too. This means you must tell the magistrate whether you wish to plead guilty or not guilty to the
original infringement offence.
You plead not guilty
Your matter will be adjourned to another day. You will need to come back to the Magistrate’s’
Court and have a defence. You will need evidence to back this up.
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If the magistrate finds you not guilty, you will not pay the fine. If the magistrate does find you guilty,
you will have to pay the fine and extra costs. See our Pleading not guilty fact sheet.
Or you plead guilty
If you accept responsibility for the offence, the magistrate can hear your matter on the same day of
getting a revocation. The magistrate will give you a sentence. You may have to pay the original
fine. You may not have to pay the extra costs that built up when you did not pay the original fine.
See our Pleading guilty fact sheet.
Demerit points
If you are found guilty of an infringement offence that attracts demerit points, VicRoads will add
these demerit points to your licence from the date the offence happened. The magistrate cannot
change this. See our Demerit points fact sheet.
Where can I get help?
Law Institute of Victoria
Referral to a private lawyer
Tel: 9607 9550
Victoria Legal Aid
Legal Help
Free legal help by telephone and information about Victoria Legal Aid services
Tel: 9269 0120 or 1800 677 402 (country callers)
Website: www.legalaid.vic.gov.au
© Victoria Legal Aid. Reproduction without express written permission is prohibited. Permission may be granted to
community organisations to reproduce, free of any charge, part or all of this publication. Written requests should be
directed to the Community Legal Education Manager, Victoria Legal Aid.
PROC-P7-DL-0712
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