UPDATE: Thousands of Victorians are now facing potential imprisonment due to “zombie warrants” linked to old unpaid fines, which stem from a law repealed in 2017. These dormant warrants, primarily affecting vulnerable, low-income individuals, have resurfaced amidst a renewed push from authorities to enforce payment, threatening jail time for non-compliance.
According to data from the Department of Justice, at least 3,117 unexecuted imprisonment warrants remain in Victoria’s fines system, many issued under legislation recognized for creating significant injustices. The moratorium on executing these warrants, which began in early 2024 after community advocates raised alarms, is now at risk of being lifted, prompting urgent calls for action.
Jarrod West, a Bunurong man and traditional owner, exemplifies those affected. Having accrued fines exceeding $119,000 following the devastating 2009 Black Saturday bushfires, West describes the emotional toll of living under the threat of imprisonment. “I didn’t have the headspace to deal with basic life admin after Black Saturday,” he stated, recalling the trauma of his experiences as a firefighter during the fires.
Legal advocates are sounding the alarm, urging Attorney-General Sonya Kilkenny to void these warrants, arguing that enforcing them contradicts the government’s own reforms. “People are at risk of imprisonment from orders courts made under legislation that has been repealed – in recognition by the government that it was producing significant injustice,” said Shifrah Blustein, a managing lawyer at Inner Melbourne Community Legal.
The current situation reveals a troubling connection between these warrants and private toll road operators. Data shows that in cases where imprisonment was ordered, 80 percent of the fines were tied to toll road penalties, raising concerns that the state’s severe enforcement powers are being wielded to enforce debts on behalf of private companies.
A spokesman for the Department of Justice confirmed that the warrants are not currently being executed, stating, “We’re consulting with stakeholders including community legal centres and courts to find the most fair and effective way to manage these warrants.” However, sources indicate that the government plans to lift the moratorium, allowing for the execution of these warrants.
The impact of enforcing these old warrants could be catastrophic, with advocates warning it may exacerbate mental health issues and lead to increased trauma for already vulnerable populations. Paula Hughes, a lawyer from Justice Connect, emphasized that the threat of imprisonment creates a “trap” for those already in crisis, amplifying their struggles with poverty and instability.
Victoria’s fines system remains unique in Australia for still permitting imprisonment for unpaid fines, unlike New South Wales and Western Australia, who abolished the practice following tragic consequences for marginalized individuals. Legal experts argue that the system disproportionately harms those already disadvantaged, perpetuating a cycle of poverty.
As the situation develops, community advocates continue to push for the government to void all outstanding warrants issued under the outdated laws. “Retaining the threat of imprisonment to strong-arm fine ‘refusers’ who never end up at court is dishonest,” Blustein concluded, highlighting the urgent need for reform.
As these troubling developments unfold, many are left questioning the future of justice for vulnerable Australians. Authorities are urged to act swiftly to address the looming threat of imprisonment for thousands facing these zombie warrants.
