Guideline 13 – infringements cases

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for an infringements matter when the person is liable to pay multiple infringements exceeding $5000, and:

• wants to apply to revoke an infringement warrant or an enforcement order or seek enforcement review

or

• has a matter listed in the Magistrates’ Court in relation to an infringement warrant

or

• has a matter listed in the Special Circumstances List of the Magistrates’ Court.

The person must also meet at least one of the following:

• be experiencing family violence within the meaning of section 5 of the Family Violence Protection Act 2008 either now or when the offence occurred

or

• have a mental or intellectual disability, disorder or illness, either now or when the offence occurred

or

• have a serious addiction to drugs, alcohol or a volatile substance either now or when the offence occurred

or

have been homeless at the time of the offence.

There must be a strong likelihood that getting a grant of legal assistance will result in:

• the enforcement order being revoked

or

• the infringement penalty being substantially discharged.

A person who does not meet this guideline is not eligible for assistance under the State’s special circumstances.