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Enforcing a child's fine

This page explains how a fine issued to a child is enforced.

Note: A CAYPINS registrar hearing is deemed to be an order of the court. The court procedure for enforcing payment is the same whether the hearing was under CAYPINS or in the Children's Court.

If a child stops making payments

A child who falls behind or fails to make payments after an order is made may be summonsed to an enforcement hearing.

This can be done if the child is more than 1 month behind in their payments.

Court orders

At the enforcement hearing the court may do any of the following:

  • decide that the outstanding amount not be enforced
  • adjourn the hearing for up to 6 months (to give the child a chance to pay)
  • vary the amount of the fine
  • vary the amount of each payment, if the child is paying by instalments
  • issue a warrant to seize property for the outstanding amount (very rare), or
  • release the child on a youth supervision order for up to 3 months (this must not extend beyond the child’s 21st birthday).

Part payment

If the child has already paid off some of the fine, the court will not order a refund.

More information

Legislation

Children Youth and Families Act 2005 (Vic)

  • s. 378—Default in payment of fine or instalment
  • Schedule 3 CAYPINS system, clauses 11 and 12—court enforcement hearing and effect of the order
  • s. 373—maximum fines that may be imposed on a child

See Children, Youth and Families Act 2005 (Vic)(opens in a new window)

References

The 'Youth' section of 'Practice resources' on VLA-Net has more information about CAYPINS.

See Infringement notices and CAYPINS(opens in a new window)

Updated