I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Fines Victoria Internal Review - Special Circumstances
In the event that a person receives an infringement during a period in which they can establish that special circumstances applied to them, they may be eligible to have the infringement reviewed. Under the Infringements Act 2006, there are five grounds on which a person can seek internal review of an infringement. This article examines internal review of infringements on the basis of special circumstances.
What is a special circumstance?
Under section 3 of the Infringements Act 2006, a person has special circumstances if their circumstances fall within one of the following categories.
If at the time of incurring an infringement the person had a mental or intellectual disability, disorder, disease or illness, including anxiety and depression, which resulted in them being unable to understand that their conduct constituted an offence or they were unable to control the conduct that constituted an offence.
A person may seek internal review if at the time of incurring the infringement the person had a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981.
To succeed on this ground, it is not sufficient for a person to simply provide evidence that they had a serious addiction to drugs. Rather, they must establish that as a result of addiction they were unable to understand that certain conduct constituted an offence or they were unable to control the conduct that constituted the offence.
If at the time of incurring an infringement, the person was a victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008. To establish this, a person must provide evidence that they were a victim of family violence and the family violence resulted in them being unable to control conduct which constituted an offence.
A common example of evidence utilised in support of an application that relies upon family violence circumstances involves producing legal documents such as an intervention order or a report made to Victoria Police or even providing a report from a counsellor or support worker that evidences the person’s circumstances and the correlation with the incurring of the infringement.
Further, in some circumstances, a person may also be eligible to make an application for internal review under the Family Violence Scheme.
If at the time of incurring the infringement the person was homeless, then they may apply for enforcement review on the basis of special circumstances. In accordance with regulation 7 of the Infringements Regulations 2016, a person is homeless if either:
- The person is living in crisis accommodation; or
- The person is living in transitional accommodation; or
- The person is living in any other accommodation provided under the Supported Accommodation Assistance Act 1994; or
- The person has inadequate access to safe and secure housing within the meaning of the Supported Accommodation Assistance Act 1994.
What happens if your application based on special circumstances is successful?
Once a person submits an application for review, they can expect a response within 90 days. If they are successful, Fines Victoria will cancel enforcement and will send the infringement back to the agency that issued it. The agency then has 90 days to either withdraw the fine, issue a warning or commence proceeding to enforce the unpaid infringement against the person in the Magistrates’ Court.
Importantly, the agency may withdraw the fine and decide to proceed against the person by way of a charge and summons. If this happens, the matter will be dealt with by the Magistrates Court as a criminal offence.
Finally, if the matter is a traffic matter, it is also important to be aware that VicRoads will likely be notified of the application and circumstances relating to the medical condition, disability or addiction, and this may result in the person being required to undertake a medical review relating to their fitness to drive.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
When a person is charged with a serious indictable offence, the accused must first be ‘committed’ to the Supreme Court or County Court…
When going to court for any matter, it is important to observe court etiquette. When in court, all attendees are…
Since the commencement of the initial lockdown period in Victoria in March 2020, the courts have undergone dramatic change to…
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Suite 2, Level 6
17-21 University Avenue
Canberra ACT 2601
22 St Georges Terrace
Perth WA 6000