Thousands of residents in Victoria face the threat of imprisonment due to “zombie warrants” stemming from unpaid fines issued under a law that was repealed in 2017. These dormant warrants, some dating back over a decade, primarily affect vulnerable individuals, particularly those with low incomes, and mostly originate from unpaid toll road fines.
According to data from the Department of Justice, at least 3,117 unexecuted imprisonment warrants remain in Victoria’s fines system, the majority of which were issued under the repealed legislation. A moratorium on executing these warrants began in early 2024 after legal aid organizations raised concerns about individuals being pursued for long-standing debts. Despite this, the Justice Department is reportedly considering reactivating the warrants, raising fears of potential jail time for those unable to pay.
Advocates are calling on Attorney-General Sonya Kilkenny to void these warrants, emphasizing that enforcing them would contradict the very reforms intended to address the injustices recognized by the government in 2017.
Consequences for Vulnerable Individuals
Jarrod West, a Bunurong man and traditional owner, is one of many facing the threat of imprisonment due to old toll road debts. Following the 2009 Black Saturday bushfires, West, who was just 19 at the time, accumulated significant debt while coping with the trauma of his experiences as a firefighter. His toll debt skyrocketed to $119,000 after penalties were applied, although a magistrate later reduced this amount to $39,000.
West’s situation exemplifies the broader issue, as many individuals with these warrants may not even be aware of them, leading to serious consequences. “I didn’t have the headspace to deal with basic life admin after Black Saturday,” he said, reflecting on the overwhelming impact of his past trauma.
Legal advocates argue that the current pursuit of these old warrants undermines the reforms designed to protect individuals from unjust imprisonment. Shifrah Blustein, a managing lawyer at Inner Melbourne Community Legal, stated, “People are at risk of imprisonment from orders courts made under legislation that has been repealed – in recognition by the government that it was producing significant injustice.”
Link to Private Toll Operators
Data obtained by Inner Melbourne Community Legal reveals a concerning trend: imprisonment warrants are often connected to private toll road operators rather than other types of fines like speeding or red-light violations. In cases leading to imprisonment where individuals had toll road penalties, 80% of the fines were related to tolls. This suggests that the state’s most severe enforcement measures are largely being utilized to collect debts for private entities.
The current situation is further complicated by the fact that many outstanding arrest warrants were issued without the individuals’ knowledge after they defaulted on court-ordered payment plans. These “zombie warrants” can remain dormant for years, creating uncertainty and anxiety for those affected.
Legal organizations, including Justice Connect, have voiced concerns that the fines system disproportionately impacts those already in crisis. Paula Hughes, a lawyer from Justice Connect, described the ongoing threat of these warrants as exacerbating trauma for clients who may already be struggling with mental health issues or homelessness.
The Victorian system retains the ability to imprison individuals for unpaid fines, unlike other Australian states such as New South Wales and Western Australia, which have abolished the practice. Reports indicate that imprisoning individuals for non-payment often disproportionately affects marginalized populations, exacerbating existing cycles of poverty and disadvantage.
The Victorian government defends its current approach, arguing that imprisonment is a last resort and is necessary to compel compliance with fines. Yet advocates contend that this system fails to address the underlying issues faced by vulnerable individuals and maintains a punitive approach rather than offering supportive solutions.
Despite assurances that the Justice Department is in consultation with various stakeholders to manage the warrants fairly, there are indications that the moratorium may soon end. Legal groups warn that reactivating these warrants could lead to severe consequences for individuals unable to pay their debts, potentially resulting in imprisonment and further destabilization of their lives.
As the situation develops, advocates continue to emphasize the need for legislative reform to ensure that the fines system serves to protect rather than punish the most vulnerable members of society.
