What about Special Circumstances?

Special Circumstances are different to Exceptional Circumstances which are not defined in the legislation. Special Circumstances are defined in the Infringements Act 2006 and include:

1. a mental or intellectual disability, disorder, disease or illness; 
2. a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981; and/or
3. homelessness determined in accordance with the prescribed criteria - including  staying in crisis accommodation, living in transitional housing, couch surfing or sleeping rough.

Where any of these issues meant that you:

• didn't understand that the behaviour was against the law, or
• couldn't control the behaviour that was against the law (even if you knew it was against the law).

The purpose of the Special Circumstances provision is to protect those in the community who are disadvantaged.  Where appropriate, these cases are diverted from the infringements system.

There is detailed information here on eligibility and the sorts of documentation required to apply for a review on the basis of Special Circumstances.