Court Fines
Fines under this system are those imposed directly by the Magistrates’ Court of Victoria, and usually after a court appearance. Common fines from the Magistrates’ Court can include driving offences, assault or shoplifting/theft charges.
What happens if I can’t pay the fine by the due date?
As soon as you realise you won’t be able to pay the fine by the due date set by the Magistrates Court, you should contact the Registrar of the Court to discuss if you can:
- Have extra time
- Pay by instalment
- Ask if your fine can be converted to community work
- Tell them you are waiting to see a financial counsellor to see if there is anything you can do to make the fine affordable.
If your application to convert your fine to community work is successful, the current conversion rate is $20 off the fines for each hour worked.
What happens if the fine isn’t paid on time?
A warrant for your arrest may be issued if the fine is not paid to the Magistrates’ Court on time.
The warrant authorises the Sheriff to recover the amount of the warrant or arrest and bring you before the court.
Once you have been brought to court, a Magistrate may decide to:
- Convert the fine to community work (for fines totalling less than $10,000)
- Order you to be imprisoned for a fixed term – one day of imprisonment equates to approximately $150 of the fine
- Vary the order so that the fine can be paid by instalments.
- Adjourn the hearing for up to six months on any terms the court decides
- Order a warrant to seize property to satisfy the fines.
How do I convert my fine to community work?
You can lodge a free application to convert your fine to unpaid community work. An application must be done in person to a Registrar (court officer) by attending your local Magistrates Court. It will only be granted if you are unemployed or you have a good reason why you can’t pay in instalments.
Not all monetary orders can be converted. For example, compensation to victims can’t be converted.
Before you make an application, you should contact Fines Victoria to find out the outstanding balance of your fine and/or bring along proof of payments you have made. If you haven’t paid anything yet, let the Registrar know.
You will have to provide an affidavit (a written statement made on oath) outlining your financial situation, and you may be asked to provide copies of your bank statements or other financial documents.
If your application is granted, you will be required to do a minimum of eight hours work at a conversion rate of approximately $20 per hour.
What can an Anglicare Victoria financial counsellor do to help?
A financial counsellor can support your application for an instalment plan by helping you to write to the Registrar. They can also confirm you are in financial difficulty and write supporting letters to the court. This may be useful if you want to convert your fines to a community-based order.
