Thursday 20th of June 2024,
Victorian Legislative Council

RACHEL PAYNE (South-Eastern Metropolitan): My constituency question is for the Attorney-General. My constituent is a resident of Narre Warren South. Like many Victorians my constituent recently had her information stolen in a data breach. As a result their licence number was used to fraudulently nominate her for several traffic and road breaches.

My constituent has been through every available channel to challenge the fines but has been hit with a bureaucratic wall after being advised that the reviewing officer at Fines Victoria had made their decision and that their only option is to pay. Increasingly services are using secondary identification methods to ensure people’s sensitive information is not compromised.

My constituent asks: will the minister ensure Fines Victoria implements secondary identification requirements and provide further support to victims of identity theft?

Written Answer, provided 1st of August:

I thank the Member for their question.

To ensure people take responsibility for road safety offending, the Road Safety Act 1986 provides a framework for nominating another driver for a traffic infringement. Victoria Police is responsible for making decisions to accept nomination statements, subject to the requirements contained in the Road Safety Act in relation to the information required to make a valid nomination statement.

If a person believes they have been incorrectly nominated for a traffic infringement offence because their personal details were unlawfully accessed and used, the law allows them to reject the nomination. If Victoria Police is satisfied the nominated person did not commit the offence, liability for the offence will revert to the original fine recipient.

Alternatively, a person affected by a fraudulent nomination may request a review of the fine on the ground of mistaken identity. To support their application, they should provide evidence, for example, evidence of the unlawful theft of their personal information and that they were not driving the vehicle when the offence took place.

More information about submitting a nomination rejection statement or applying for a review is available on the Fines Victoria website.

The Department of Justice and Community Safety continues to work with Victoria Police to strengthen driver nomination processes to detect and prevent fraudulent nominations.

I understand Fines Victoria has been in contact with your constituent to help resolve this matter. However, a decision to withdraw an infringement remains at the discretion of Victoria Police as the issuing agency.

Jaclyn Symes MP
Attorney-General
Minister for Emergency Services