Apply for an Internal Review
If you have been served with an infringement notice, you, or a person acting on your behalf with your consent, may apply to Council for a review of the decision to service the infringement notice if you believe one of the following grounds exist:-
- The decision was contrary to law;
- The decision involved a mistake of identity;
- That special circumstances apply to you;
- The conduct should be excused because exceptional circumstances exist; and
- You were unaware of the infringement notice having been served.
A description of these grounds can be found on the 'Application for an Internal Review' Form.
An application for internal review must be in writing and must state the grounds on which the decision should be reviewed. The application must also provide your current address. To avoid any additional costs and further enforcement action being taken against you, a request for an internal review should be made prior to the payment due date on the infringement notice. An application for internal review must be made before the infringement penalty and any penalty reminder notice fee are registered with Fines Victoria. If the application for internal review is on the grounds that you were unaware of the infringement notice having been served, the application for internal review must be made within 14 days of you becoming aware of the infringement notice.
Applications for internal review should be accompanied by any supporting evidence that you have. By providing this in the first instance, you can avoid delays associated with a request for further information or supporting evidence.
What happens next?
An internal review will be conducted, this usually happens within 90 days of receiving your application.
You may be requested to provide further information, in these cases it can take longer.
Once a decision has been made, you will be notified in writing to let you know the outcome.
On review, the reviewer can:
- confirm its decision to issue you with an infringement notice;
- withdraw the infringement notice and issue an official warning in its place;
- withdraw the infringement notice;
- withdraw the infringement notice and refer the matter to the Court;
- waive all or any penalty reminder notice fee; or
- approve a payment plan.
If the decision to serve the infringement notice is confirmed, you must:
- pay the infringement penalty;
- apply to Council for a payment plan(PDF, 329KB); or
- elect to have the matter heard and determined in Court; or
Failing to do so may result in further costs and enforcement action.
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