According to VIC Law for the charge of Duty of driver, etc. of motor vehicle if accident occurs, (1) If owing to the presence of a motor vehicle an accident occurs whereby any
person is injured or any property (including any animal) is damaged or
destroyed, the driver of the motor vehicle-

   (a)  must immediately stop the motor vehicle; and

   (b)  must immediately render such assistance as he or she can; and





   (c)  must at the scene of the accident as soon as possible give his or her
        name and address and also the name and address of the owner of the
        motor vehicle and the identifying number of the motor vehicle-

   (i)  to any person who has been injured or to the owner of any property
        which has been damaged or destroyed; or

   (ii) to a person representing the injured person or the owner of the
        property; and

   (d)  must at the scene of the accident as soon as possible give those names
        and addresses to any member of the police force who is present; and

   (e)  if any person is injured and no member of the police force is present
        at the scene of the accident, must as soon as possible report in
        person full particulars of the accident at the police station that is
        most accessible from the scene of the accident if that station is open
        and, if it is not open, at the next most accessible station; and

   (f)  if any property is damaged or destroyed and neither the owner of the
        property nor any person representing the owner nor any member of the
        police force is present at the scene of the accident, must as soon as
        possible report in person full particulars of the accident at the
        police station that is most accessible from the scene of the accident
        if that station is open and, if it is not open, at the next most
        accessible station.





(2) If a motor vehicle which has been left standing on a highway moves of its
own accord from the position in which it was left and is involved in an
accident whereby any person is injured or any property (including any animal)
is damaged or destroyed, the person who left the motor vehicle so standing
must as soon as possible after becoming aware of the accident comply as far as
the circumstances permit with the requirements of subsection (1).

(3) If-

   (a)  as a result of an accident involving a motor vehicle a person is
        killed or suffers serious injury; and

   (b)  the driver of the motor vehicle knows or ought reasonably to have
        known that the accident had occurred and had resulted in a person
        being killed or suffering serious injury; and

   (c)  the driver of the motor vehicle does not comply with the requirements
        of paragraph (a) or (b) of subsection (1) in relation to the accident-

the driver is guilty of an indictable offence and liable to level 5
imprisonment (10 years maximum) or a level 5 fine (1200 penalty units
maximum).

(4) If-





   (a)  as a result of the accident a person is killed or suffers serious
        injury then a person who contravenes paragraph (c), (d) or (e) of
        subsection (1) is guilty of an offence; or

   (b)  as a result of the accident a person is otherwise injured then a
        person who contravenes any provision of this section is guilty of an
        offence-

and liable for a first offence to a penalty of not more than 80 penalty units
or to imprisonment for a term of not more than 8 months and for a subsequent
offence to a penalty of not more than 240 penalty units or to imprisonment for
a term of not less than 4 months and not more than 2 years.

(5) If no person is killed or suffers injury as a result of the accident then
a person who contravenes any provision of this section is guilty of an offence
and liable for a first offence to a penalty of not more than 5 penalty units
or to imprisonment for a term of not more than 14 days and for a subsequent
offence to a penalty of not more than 10 penalty units or to imprisonment for
a term of not less than 14 days and not more than 1 month.

(6) On conviction of a person for, or finding a person guilty of, an offence
against this section, if a person is killed or suffers serious injury as a
result of the accident, the court must cancel all driver licences and permits
held by the convicted person and, whether or not that person holds a driver
licence, disqualify him or her from obtaining one for-

   (a)  in the case of a first offence, at least 4 years if a conviction is
        recorded and at least 2 years in any other case; and

   (b)  in the case of a subsequent offence, at least 8 years if a conviction
        is recorded and at least 4 years in any other case.





(7) If a person who is convicted or found guilty of an offence against any
provision of this section has at any time been convicted or found guilty of an
offence against another provision of this section or any previous enactment
corresponding to any of those provisions, the conviction for, or finding of
guilt of, the offence against that provision is to be taken to be a conviction
for, or finding of guilt of, a subsequent offence.

(8) The specifying by subsection (3) of fault elements for an offence against
that subsection is not intended to affect the question of whether fault
elements are required for any other offence against this section or any other
provision of this Act.

According to VIC Law for the charge of Duty of driver, etc. of motor vehicle if accident occurs,

1. Where the driver of a motor vehicle, is involved in an accident, and that accident results in a person being killed or serious injured, and the driver fails to stop and or fails to render assistance: 10 years or 1200 penalty units.  License cancelled and disqualified for 2 years (1st offence), 4 years (subsequent offence)

2. Where the driver of a motor vehicle is involved in an accident, and that accident results in a person being killed or seriously injured, and the driver fails to give name and address and or fails to report accident to police: 80 penalty units, or 8 months imprisonment (1st offence), 240 penalty units or not less than 4 months and not more than 24 months imprisonment (subsequent offence).  License cancelled and disqualified for 2 years (1st offence), 4 years (subsequent offence)

4. Where the drier of a vehicle, that is not a motor vehicle, is involved in an accident, and that accident does not result in either property damage or injury to the other party: 5 penalty units, or 14 days imprisonment (1st offence), 10 penalty units or imprisonment not more than 1 month (subsequent offence)

1. Driver drove a motor vehicle

2. That there was an accident

3. That the driver either:

a. did not stop

b. did not render assistance

c. did not provide their name and address to the other party

d. did not report the accident to the police

2. Aggravating circumstances

a. that the driver caused the other person's death, or serious injury to the otehr person;

b. that the driver caused damage to the other person's property.

1. Factual dispute.

2. The driver of the motor vehicle did not know, or could not have reasonably known that the accident had occured, and that as a result of the accident the other person was killed or seriously injured.

All of these matters can be heard and determined in the Magistrates Court.