You have the right to take your infringement to the Magistrates' Court anytime up until the infringement is registered with Fines Victoria.
If you elect to go to court, you will have to explain yourself in front of a magistrate. The magistrate will decide the case and any appropriate penalty and any costs.
Possible outcomes of a court hearing
The magistrate will hear your case and decide on any appropriate penalty. They may decide to:
- record a conviction if they find you guilty
- issue you with a fine (which may be more or less than the amount on your Infringement Notice)
- order you to pay an amount of costs in relation to the hearing
- dismiss or discharge your case
- adjourn (delay) the matter
- order you to do unpaid community work.
How to elect to go to court
If you wish to have your matter heard in court, you will need to take the following steps:
Complete the section on the back of your Infringement Notice titled: 'Application for Action by a Court'. You can also write to the VEC to request to have the matter heard in court, quoting the Infringement Notice number.
Deliver your application:
- by post to VEC, Reply Paid 76032, Melbourne Vic 8060
- by email.
You (or your legal representative) will be required to appear in a Victorian Magistrates' Court.
Note: It is recommended that you seek legal assistance before attending court.
If you need legal or financial assistance during any stage of the infringements process, you can contact your lawyer or one of the organisations listed below:
- Victoria Legal Aid
- Federation of Community Legal Centres
- Law Institute of Victoria
- Justice Connect
- Victorian Aboriginal Legal Service