The Family Violence Scheme is a specialised scheme to support people affected by family violence within the fines system.
The scheme allows people to apply to Fines Victoria to have their infringement fines withdrawn if family violence substantially contributed to the offence or it is not safe for them to name the responsible person.
To access the Family Violence Scheme, a person must:
- have been issued an infringement notice for an offence*, and
- show they are a victim survivor of family violence, and
- show that the family violence substantially contributed to the person not being able to:
- control the conduct that constituted the offence, or
- nominate the driver that committed the offence in a car registered to the victim, or
- reject a nomination.
* Please note: The following fines are excluded from the Family Violence Scheme:
- fines issued by a court
- fines incurred by companies
- fines for offences against local council laws (other than parking fines)
- fines that carry a high level of risk to public safety such as drink-driving, drug-driving, and excessive speed (25km/h over the speed limit or more than 130km/h), and similar offences under marine safety and transport safety legislation (drink-boating, drug-boating and similar rail safety offences).
A person can apply to the Family Violence Scheme at any time from first receiving the fine until:
- the fine has been paid, or
- a seven-day notice served on the person has expired or been waived, or
- particular enforcement action has been taken against them.
To help decide if the Family Violence Scheme is a suitable option, a person may wish to seek legal advice from a lawyer or by contacting a local community legal centre via the Federation of Community Legal Centres or Victoria Legal Aid
How to apply
A person will need to submit an application, including evidence and a statutory declaration, to Fines Victoria.
1. Download and complete the application form
2. Download and complete a statutory declaration
You can find information and the form for submitting a statutory declaration here.
3. Provide at least one other piece of evidence to support the application
See the Family Violence Scheme FAQs below for information on the type of evidence required: