Infringement Notice Internal Review Request
Infringements notices are issued by Council under various legislation and are issued for failing to comply with the law.
You are entitled to appeal your infringement, however you must in accordance with the timing requirements detailed below -
An application for an internal review must be made:
- before the infringement fine (together with any prescribed costs) is registered with the Director, Fines Victoria
- in the case of an infringement served on a child, at any time before the infringement fine is registered with the Children’s Court
- in the case of a non-registrable infringement offence, at any time before the expiry of the period to which the infringement notice relates, or
- within 14 days of the applicant becoming aware of the infringement notice if the application is being made on the ground of ‘person unaware’.
Note that Council Authorised Officers will review each appeal independently and under the Infringements Act 2006 only one opportunity is available to appeal an infringement.
Request for Infringement Review Form(PDF, 166KB)
The request form should be directed to email@example.com via email, or by post to PO Box 250, Nhill VIC 3418.
If you prefer to send us a letter by post, it must include the following information:
- your name and postal address (we’ll respond in writing to the address provided)
- the infringement issue number
- your vehicle registration number (for parking fines)
- an explanation of why you believe the fine should be reviewed
- any relevant supporting documents.
What types of infringements can I appeal?
- Animal related fines
- Parking related fines
- Local Laws fines (Failure to Comply with Fire Prevention Notice, public consumption of liquor, litter)
- Health including Environment Protection Act (EPA), Food Act, Tobacco Act & Wellbeing
Infringements that cannot be internally reviewed
- sections 89A to 89D of the Road Safety Act 1986, relating to excessive speed and drink and drug-driving, and
- sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988, relating to marine infringements.
Grounds for Review
In order for an infringement notice to be considered for withdrawal, you must satisfy one of these grounds:
Special Circumstances may apply if you:
- Have a mental or intellectual condition or a serious addiction to drugs or alcohol that may mean you are unable to understand the offence or behaviour was against the law, or unable to control the behaviour that was against the law.
- If you were experiencing homelessness at the time of offence.
- If you were experiencing family violence which resulted in you being unable to control the behaviour which constitutes an offence.
Special circumstances must include evidence that supports the circumstances you are referencing, such as evidence from your medical practitioner, social worker and/or drug and alcohol counsellor which includes:
- the existence of the relevant condition; and
- a summary of the applicant’s circumstances; and
- the practitioner’s qualification, relationship and the period of engagement; and
- whether in the opinion of the practitioner, there is a connection between the circumstances and the applicant’s offending behaviour; and
- any other supporting evidence
Mistake of Identity
This means that you believe you were not the person who committed the offence.
This refers to events which are unforeseeable and likely to be an unpredictable event or circumstance such as vehicle breakdown or medical emergency.
Please note that documentary evidence which supports this claim should be provided with your appeal, including time and date (this may include photos, medical certificates/reports or mechanical receipt/report).
An example of a circumstance that is not considered sufficient would be a pre-booked medical appointment that is delayed. Medical appointments are often known for running both over and behind time; it is always the responsibility of the driver to ensure they park legally and allow enough time for a circumstance such as this.
This ground of review means you believe you were not aware of the infringement notice being issued.
You must make appeal within 14 days of becoming aware of the infringement.
Note that this ground cannot be used if:
- The infringement notice was issued by personal service, for example hand delivered to you; or
- You have moved address and not notified VicRoads, Council or other authority as the case may be within 14 days of your change of address.
Contrary to Law
This means that you believe the infringement notice is not valid.
- Example (Parking Infringement): You believe that a timed parking area does not exist where you were fined.
- Example (Animal Infringement): Where you have received an infringement for failing to register a dog or cat, when you believe your pet is registered with Hindmarsh Shire Council.
The above examples are not exhaustive and therefore may involve various circumstances.
To substantiate a claim of contrary to law we may need you to provide additional evidence such as photos, documentation and/or official records.
If you are experiencing financial hardship
If experiencing financial hardship, you are required to apply in writing demonstrating circumstances of financial hardship.
Alternatively, a payment plan (generally in the form of an extension of time) may be applied for in writing to Council. You may also apply for a payment arrangement with Fines Victoria by submitting a written request to Council who will lodge the request with Fines Victoria (not applicable for Local Law Infringement Notices).
What happens next?
The Process can take up to 90 days. Upon final review of your application, we will contact you with our decision. We may also contact you if we need more information, this can extend the decision making process by a maximum of 35 days. Decisions can include withdrawing the infringement or upholding the infringement. Depending on the nature of your request and the outcome of the review, a number of options will be presented to you in the Decision Letter. More information is available here.
When an enforcement agency receives an internal review application, the enforcement agency must suspend any enforcement activity until it has completed its review and has sent the applicant advice of the outcome within the statutory timeframes.