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Responding to an overdue fine from Revenue NSW

Information about what to do if you receive an overdue fine from Revenue NSW about a restitution debt.

  • Warning

    Warning

    Do not ignore an overdue fine from Revenue NSW. There are no time limits for Revenue NSW to enforce an overdue fine. If the date of the confirmed order from Victims Services was more than 12 years ago, get legal advice. 

You will receive an overdue fine from Revenue NSW if you:

  • didn’t respond to an order for restitution from Victims Services, or
  • consented to an order for restitution, or
  • had a payment arrangement with Victims Services for a provisional order made before 27 April 2020 and stopped making payments. 

If you receive an overdue fine while you are in prison, you should contact Revenue NSW to put your fine on hold until you are released. 

You should also speak to Corrective Services to find out if you can do a Work and Development Order (WDO) to pay off some or all of your debt. 

You can pay an overdue fine in full before the due date.

You can pay in full:

  • online on the Quick payment page on the NSW Government website
  • over the phone by calling 1300 130 112 to pay by credit card
  • by BPAY from your bank account
  • by mailing a cheque or money order
  • in person at an Australia Post Office or Service NSW, or
  • using the Service NSW app.

For more information, see Pay your fine on the NSW Government website.

You can apply to pay by instalments

  • online on the NSW Government website
  • over the phone by calling 1300 138 118
  • by completing the Payment Plan Application – Individuals form and send it by post.

For more information, see Set up a payment plan on the NSW Government website.

If you are receiving Centrelink benefits, you can arrange to pay by instalments through Centrepay. Go to servicesaustralia.gov.au/centrepay for more information.

Instructions: Payment Plan Application- Individuals 

Sample: Payment Plan Application - Individuals 

You can speak to a free financial counsellor to help you work out a suitable payment plan. For more information, see Talk to a Financial Counsellor on the National Debt Helpline website.

It’s important to keep up with your repayments. If you fall behind with your repayments, Revenue NSW can take enforcement action against you for the outstanding amount. If you want to change your payment plan, you should contact Revenue NSW. 

If your application to pay by instalments is refused, you may be able to apply for a review. Before you apply for a review, you should first speak to Revenue NSW about their decision. For more information, see Step by step guide -Applying for a review at the Hardship Review Board.

You may be eligible to apply for a Work and Development Order (WDO) to help you pay off all or some of your fines. A WDO is where you agree to do unpaid work, an educational course, or a medical or mental health treatment plan through an approved sponsor. WDOs can reduce your fines by up to $1,000 per month.

For more information, see Applying for a Work and Development Order. 

You may be eligible to apply for a write off of your fine if you are not suitable for a Work and Development Order (WDO) and have:  

  • a medical condition, long term illness, severe injury or disability
  • a supervised mental health treatment under a community treatment order
  • an alcohol dependency or serious addiction to drugs
  • been unemployed for a long period of time
  • family or carer responsibilities
  • serious financial stress where you can't meet daily living expenses or loan repayments.

You will need to provide details of your financial circumstances and explain why you are not suitable to do a WDO. 

You can't apply for a write off just because you think you are not guilty, or that the fine is too much. 

It is a good idea to get help from a free financial counsellor or an advocate to speak to Revenue NSW on your behalf. 

A write off can be reversed if you get a new overdue fine notice or your circumstances improve within five years. It can also be reversed if you give false information.

For more information, see Step by step guide - Applying for a write off.

The Hardship Review Board can consider decisions made by Revenue NSW about:

  • a refusal of your application for a payment plan 
  • a refusal of your application to reduce the amount you pay on your payment plan
  • a payment plan that you can’t afford
  • a refusal of your application to have your fine written off
  • a refusal of your application for a Work and Development Order (WDO).

The Hardship Review Board can’t consider whether the fine was issued correctly or fairly. 

For more information, see Step by step guide- Applying for a review at the Hardship Review Board. 

Advocates are organisations that are registered with Revenue NSW. They can help you understand your options to deal with the fine and speak to Revenue NSW on your behalf.

Advocates include services like Legal Aid NSW, Community Legal Centres and Financial Counsellors Association of NSW. 

Depending on your circumstances, an advocate may help you:

  • postpone enforcement action by Revenue NSW 
  • arrange a payment plan
  • apply for a Work and Development Order
  • apply for a write off.

You can speak to an advocate at: 

  • Revenue NSW Advocacy Hotline on 1300 478 879 Monday to Friday between 8.30am to 5.00pm
  • National Debt Helpline on 1800 007 007 Monday to Friday between 9.30am to 4.30pm.

If you identify as an Aboriginal or Torres Strait Islander, you can contact the First Nations team at Revenue NSW on 1800 002 345 to discuss the best way to manage your fine.

It’s important to deal with an overdue fine immediately. If you don’t respond to an overdue fine, Revenue NSW can take enforcement action against you to recover the money and add an enforcement fee each time.

If you move interstate, the overdue fine can be enforced by the authority of the State or Territory you live in.

Enforcement can include:

Revenue NSW can direct Transport for NSW (TfNSW) to:

  • suspend your driver licence 
  • cancel the registration for any car or vehicle in your name. They can also suspend any visitor driving privileges
  • restrict you from conducting business with TfNSW. 

This means that you can’t drive until you pay the fine in full, or you enter into an arrangement to pay by instalments and make at least six instalments (without missing any payments).

There are serious penalties for driving while your licence is suspended or driving an unregistered vehicle. It is important to check with TfNSW that any restrictions on your licence or registration have been lifted before you decide to drive.

Revenue NSW can ask your employer to take money from your wages until your fine is paid. This is called a ‘garnishee order’. An employer must comply with this order, or they could be taken to court.

Revenue NSW can also send a garnishee order to your bank to take money from your bank account. Your bank will leave an amount of money in your account for your living expenses. This amount is called a ‘protected’ amount. 

If a garnishee order leaves you in severe hardship, you can ask for a refund. Call Revenue NSW on 1300 655 805 or ask for help from an advocate. 

Revenue NSW can ask the sheriff to take your personal property and sell it at auction in order to pay the amount of the fine. This is called a ‘property seizure order’. You will usually receive a notice from the sheriff. There are some items that the sheriff can’t take because they are considered essential items.

Revenue NSW can ask you to go to court to answer questions about your financial situation. This is called an Examination notice or Examination order. This will help Revenue NSW decide the best way to enforce the fine against you.

If you have been served with an Examination notice or Examination order and you do not attend court, a warrant could be issued for your arrest. 

If you own property, for example, a house, unit or land, Revenue NSW can place a charge on the title. This makes it difficult to sell or transfer your property until the overdue fine is paid in full.

If you have tried to negotiate with Revenue NSW and they have refused to allow time to pay or an instalment application, you may be able to appeal the decision to the Hardship Review Board. It’s important to speak to Revenue NSW about their decision and get legal advice before you decide to appeal.