Request an infringement review

East Gippsland Shire Council reviews infringements under the Infringements Act 2006, and by law, you can request only one internal review per infringement notice.

All review requests must be lodged in writing by submitting an application to review a fine before the infringement due date.

How do I appeal a fine?

If you believe that there is a good reason for you not to pay the fine, you can:

• Fill in an Application to Review a Fine or

• Write to Council stating that you wish to have the matter heard in Court.

You can request an internal review of your fine under one of the following grounds

Person unaware: you did not know about the fine

Your application may not be successful unless you provide evidence showing you didn't know about the fine. This could be a copy of your passport or boarding pass showing you were overseas, an invoice from a removalist showing that you moved house, a VicRoads address change confirmation or a report about mail theft.

Contrary to law: the fine is invalid or was improperly issued to you

You can apply under this ground if you believe that the enforcement agency's decision to fine you was inconsistent with the law.

For example, the fine is incomplete or it does not comply with the formal legal requirements of an infringement notice, or the officer who issued the fine acted unlawfully, improperly or outside their authority.

Mistake of identity: the fine was issued to the wrong person

You can request a review on the ground of mistake of identity if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim. For example, someone provided your licence or gave your details to police, or you have the same name as another person or family member and the wrong person received the fine.

Exceptional circumstances: the offence occurred due to an extraordinary or unavoidable situation

You should select this ground only if you can show that the offence occurred due to circumstances that were out of the ordinary, unavoidable or exceptional – such as a medical emergency or a vehicle breakdown.

Special circumstances: you have serious personal issues, disorders or difficulties

These circumstances are very specific. You can select this ground only if you committed the offence and can show that:

• at the time of the offence you:

       o had a mental or intellectual disability, disorder, disease or illness

       o had a serious addiction to drugs, alcohol or a volatile substance

       o were homeless

       o were a victim of family violence

Or  you cannot deal with your fines because of severe disabling long-term circumstances.

You need to provide evidence from a qualified practitioner or agency.

Applying for a review

To have your infringement reviewed, you must:

1. Complete all relevant details in the Application to Review a Fine.

2. Attach and supply all of your supporting evidence at the time you submit your review application.

3. Submit your application before the infringement due date.

If you wish to have multiple infringements reviewed, you will need to submit a separate review application for each infringement.

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What happens next?

After you have completed and submitted your form, your fine will be placed on hold and further fees will not be added.

The Officer will review your request within 90 days of receiving your application. It may take longer if you are asked to provide additional information.

If you do not respond to the agency's request for information, your application may be reviewed based on the information available.

Your application for internal review will be assessed based on the information and evidence you provide to support your claim. Once a decision has been made, you will receive notice of the outcome in the mail.

By submitting your application, Council can decide to:

• withdraw the fine and take no further action against you

• withdraw the fine and issue an official warning instead

• refer the matter to the Magistrates' Court

• confirm its decision to issue you with an infringement notice

If the application is not successful, you will receive a notice in the post to confirm:

• the agency's decision

• how much you need to pay

• when you need to pay it by

• any other options available to you.

Note: It's important you provide your most current address and contact details so we can contact you about your application if required.

If you need help paying, you can apply for a Payment Plan of a Fine Application.

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