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Enforcement Review Program (ERP)

The Enforcement Review Program (ERP) assists members of the community who have ‘special circumstances’ and outstanding fines registered at the Infringements Court. The Program enables the Court to impose outcomes that reflect the circumstances of the offending.

Definition of ‘Special Circumstances’

The Infringements Act 2006 defines 'Special Circumstances' in relation to a person to mean:

1.  a mental or intellectual disability, disorder, disease or illness, where the disability, disorder, disease or illness results in the person being unable to –

a.   understand that conduct constitutes an offence, or

b.   control conduct that constitutes an offence. 

2.  a serious addiction to drugs, alcohol or a volatile substance within the meaning of Section 57 of the Drugs, Poisons, and Controlled Substances Act 1981 where the serious addiction results in the person being unable to -

a.   understand that conduct constitutes an offence, or

b.   control conduct that constitutes an offence.

3.  homelessness determined in accordance with the prescribed criteria where the homelessness results in the person being unable to control conduct which constitutes an offence.

A person must demonstrate that they are unable to understand that their conduct constitutes an offence or control their conduct which constitutes an offence.

Eligibility

Special circumstance matters are identified by Section 65 of the Infringements Act 2006. An application in relation to special circumstances may include any of the following:

1. A diagnosed mental illness
2. Neurological Disorders
3. A severe physical disability
4. A serious addition to drugs, alcohol or a volatile substance
   within the meaning of Section 57 of the Drugs, Poisons and Controlled Substances Act 1981
5. Homelessness

Exclusions from Special Circumstances

Fines excluded from the revocation process include excessive speed matters, open court fines and drink/drug driving offences.

Making an application

A person who believes they have special circumstances may make an application for revocation of fines incurred, or a third party may apply on their behalf.

The application must seek revocation of the fines and be supported by medical and other evidence. Medical evidence from a treating doctor or psychiatrist will need to outline:

• A formal diagnosis
• Current treatment and compliance
• Duration of illness
• How it has impaired the client’s judgment at the commission of the offences

All applications with relevant documentation are to be forwarded to the Infringements Court listed at the bottom of the page.

If the application is approved by an Infringements Court Registrar, the documentation will be made available to the prosecuting agencies.

The prosecuting agency may withdraw proceedings within 28 days. If the prosecuting agency does not withdraw proceedings the matter will be listed in open court before a magistrate or judicial registrar for determination in the special circumstances list.

Court Process

The magistrate or judicial registrar will consider the ‘special circumstances’ outlined in the application and has full discretion as to what type of order can be imposed.

All applicants must attend court unless they suffer exceptional circumstances, such as being institutionalised, and in this case must be prepared to plead guilty to the offence.

For further information, please refer to the Magistrates' Court of Victoria Guide to Court Support & Diversion Services on this website or contact the Enforcement Review Coordinator at the address below.

Other Relevant legislation:   Sentencing Act 1991