Key Points
- From added fees to having your driver’s license suspended or property seized, consequences for unpaid fines are significant.
- Fines are issued for criminal offences and legal advice is recommended before disputing a fine in court
- Contact your state’s relevant government agency for payment options available.
Many people in Australia are unaware of the serious consequences of ignoring a fine.
From added fees, to having your driver’s license suspended or even your personal property seized, ramifications can be significant.
Fines are issued for a range of offences including traffic offences, such as speeding and driving through a red light, or public transport offences, like travelling by train without a valid ticket.
Parking fines and non-payment of a toll are also some of the common infringements.
“There’s a whole host of different agencies that can issue fines and […] many different areas of our lives which are regulated heavily through the usage of what are known as penalty notices or fines,” Julia Quilter, Professor of Law at the University of Wollongong, explains.
Police in Australia can stop bike and scooter riders and issue a fine or a warning for not wearing an approved bicycle helmet. Credit: Steve Waters/Getty Images
Different government agencies enforce and manage fines, depending on where you live in Australia and the type of offence. The enforcement process may also differ (scroll down to the end of the article for the full list).
What are my options if I get a fine in Australia?
Typically, after an infringement notice is issued, the individual has the option to pay the fine or dispute it by seeking a review from the relevant agency or by contesting it in court.
Certain councils have their own local laws controlling pet animals within their boundaries. Source: Moment RF / Simon McGill/Getty Images
“Sometimes people just think a fine is like a bill. But all of these are criminal offences. And I think that's really important for people to grasp because in some countries, they're understood to be administrative offences,” Dr Quilter adds.
Kirsty Harrison, a specialist fines and work development order solicitor at , says legal advice is necessary before having a fine matter dealt by the court, especially for people who are on visas.
Because if they're not successful in court, a conviction can be imposed, and that conviction may breach the behavioural conditions of their visa.Kirsty Harrison, solicitor, Legal Aid NSW.
The government agency responsible for collecting fines in your state or territory can offer options to repay your fine in instalments.
“There are a number of alternative resolution options like payment arrangements, work and development orders, and write off applications,” Ms Harrison explains.
“A key message is don't ignore your fines. Either contact your local community legal centre, or if you're in New South Wales and ask for some help.”
Parking fines are issued commonly by local councils but also by some hospitals and universities. Credit: SDI Productions/Getty Images
The cost of not paying
Unpaid fines do not expire and may incur late fees which will increase over time.
In jurisdictions across Australia, including Victoria, a fine defaulter faces additional fees and enforcement actions against them, like having their property seized or money deducted from their bank account.
“Enforcement action includes a range of things such as, the sheriffs can wheel clamp your car,” says Craig Howard, Acting Deputy Secretary of .
“Alternatively, the director of Fines Victoria can ask the transport authority to suspend your registration until you pay the fine or to suspend your driver's license.”
Source: Moment RF / Simon McGill/Getty Images
“That can happen for all types of fines,” Ms Harrison explains.
So, you could be fined for not voting, and then not pay that fine and then have your license suspended, even though you were fined for an offence that's not related to driving.Kirsty Harrison, solicitor, Legal Aid NSW
The impact of unpaid fines can also be significant for young people and their families.
“They can't apply to get a learner's permit or undertake their driving courses if they have unpaid fines,” says Dr Quilter.
“It may be that a parent takes on the responsibility of paying that fine for the young person. Of course, this has real hardship effects where the young person doesn't live in a situation where a fine can be simply paid off by a parent.”
Placing your feet on the seat or another part of the train, tram, or bus other than the floor is an offence attracting a fine. Source: Moment RF / Belinda Howell/Getty Images
For instance, if you are fined for a driving offence in Victoria, and you were not the driver on the day of the event, you have a 28-days window to nominate the driver.
“If that nomination is accepted by the enforcement agency, the fine will be cancelled and reissued in the name of the person that you have nominated,” Mr Howard says.
If you don’t pay the fine or take action by the due date, a penalty reminder notice will be sent with an added fee and nomination will no longer be an option.
If you ignore the penalty reminder notice, the fine is then registered for enforcement action. And that is where suspension of driver's license and other things could take place.Craig Howard, Acting Deputy Secretary of Fines Victoria
Mr Howard recommends acting promptly on infringement notices, regardless of whether you are paying a penalty in full, attempting to contest or correct an error, or if you need to discuss alternative resolution or payment options with the relevant government agency due to financial hardship.
Moving houses? Ensure you update your vehicle registration address as any fines sent to your previous registered address are considered served. Credit: JGI/Tom Grill/Getty Images/Tetra images RF
