Received a Section 60 Notice from Victoria Police? Here's What You Need to Know

Opening your mailbox and finding a Section 60 Notice from Victoria Police can be stressful, particularly if you have no idea what it means or what you are required to do. Many people mistakenly believe they can ignore the notice or simply tell police they do not know who was driving. Unfortunately, that can have serious legal consequences.

Opening your mailbox and finding a Section 60 Notice from Victoria Police can be stressful, particularly if you have no idea what it means or what you are required to do.

Many people mistakenly believe they can ignore the notice or simply tell police they do not know who was driving. Unfortunately, that can have serious legal consequences.

If you have received a Section 60 Notice, it is important to understand your legal obligations before responding.

A Section 60 Notice is issued under the Road Safety Act 1986 (Vic).

It allows Victoria Police to require the registered owner of a motor vehicle, or another person who had possession or control of the vehicle, to provide information that may identify who was driving the vehicle at a particular time.

These notices are commonly issued when police are investigating offences where the identity of the driver is unknown, including:

• Dangerous driving.
• Careless driving.
• Excessive speeding.
• Police pursuit matters.
• Collisions involving injury or property damage.
• Hit and run incidents.
• Other traffic offences.

Receiving a Section 60 Notice does not necessarily mean you were the driver or that you have committed the alleged offence. It simply means Victoria Police believe you may have information that could assist in identifying who was driving the vehicle.

If you are the registered owner of a vehicle, or were in possession or control of it at the relevant time, Victoria Police may require you to provide information about who was driving.

The law places certain obligations on people who receive a Section 60 Notice. It is therefore important to take the notice seriously and respond appropriately.

If you receive a Section 60 Notice, you should:

• Read the notice carefully.
• Respond within the timeframe stated in the notice.
• Provide any information that is within your knowledge.
• Make all reasonable enquiries if you are unsure who was driving.
• Ensure your response is truthful and accurate.

Simply saying "I don't know" may not be enough.

The law generally requires you to make genuine and reasonable efforts to identify the driver before responding.

Every situation is different.

Examples of reasonable enquiries may include:

• Speaking with family members who regularly use the vehicle.
• Asking friends or employees who may have driven the vehicle.
• Checking your diary or calendar.
• Reviewing text messages and emails.
• Looking at GPS history or location data.
• Reviewing dashcam footage or CCTV.
• Checking toll records or fuel receipts.

The question is whether you have taken genuine steps to identify the driver.

Many people are familiar with the right to remain silent when questioned by police.

However, a Section 60 Notice operates differently.

The legislation requires you to provide information that is within your knowledge or that can reasonably be obtained after making appropriate enquiries.

Ignoring the notice or refusing to comply without a lawful excuse may result in criminal charges.

Failing to comply with a Section 60 Notice without a lawful excuse can result in serious consequences.

Depending on the circumstances, you may face:

• Criminal charges.
• Significant fines.
• Imprisonment in some cases.
• Cancellation of your driver's licence.
• Mandatory licence disqualification.

In some situations, the penalties for failing to comply with a Section 60 Notice may be more serious than the original traffic offence.

Some people consider nominating another person in an attempt to avoid responsibility for the alleged offence.

This is extremely risky.

Knowingly providing false information to Victoria Police or falsely nominating another person as the driver may result in serious criminal charges, including charges of perverting the course of justice or making a false statutory declaration where the circumstances support those offences.

Depending on the circumstances, this could lead to:

• A criminal record.
• Significant fines.
• Imprisonment.
• Further criminal charges.
• An investigation into both the person making the nomination and the person who was falsely nominated.

Victoria Police regularly investigate suspected false nominations and may rely on evidence such as:

• CCTV footage.
• Automatic Number Plate Recognition (ANPR).
• Mobile phone records.
• GPS and location data.
• Toll road records.
• Witness statements.
• Fuel receipts.
• Social media activity.
• Dashcam footage.

If you are unsure how to respond to a Section 60 Notice, it is always better to seek legal advice than to provide information that is inaccurate or misleading.

Yes.

Whether a defence is available depends on the circumstances of your case.

Issues that may arise include:

• Whether the notice was lawfully issued.
• Whether you genuinely made all reasonable enquiries.
• Whether the requested information was actually within your knowledge.
• Whether you had a lawful excuse for not complying.

Every matter is different, which is why obtaining legal advice as early as possible is important.