Request an infringement review
When can I request an infringement review?
If you don't think you should have received an infringement and want to appeal the decision, you can apply for an internal review of the infringement. An internal review can be lodged at any time before the infringement has been registered with Fines Victoria. (You would then need to contact Fines Victoria instead.)
Please note that if we receive your request later than the infringement notice due date, a penalty reminder fee may be added to the infringement amount. If we receive your request after the Penalty Reminder Notice fee due date, the infringement may already be registered with Fines Victoria.
If the application is being made on the ground of ‘person unaware’, the request for internal review must be made within 14 days of the applicant becoming aware of the infringement notice.
Grounds for internal review
You can request an internal review on any one of the grounds listed below (please click on each ground for more detail):
Special circumstances
Special circumstances apply if, at the time of the offence, you were affected by one of the following:
- Homelessness.
- Family violence.
- A mental or intellectual disability, disorder, disease or illness (that impacted your ability to understand or control the offending).
- A serious addiction to drugs, alcohol or a volatile substance (that impacted your ability to understand or control the offending).
- Circumstances that are long term in nature and make it impractical for you to pay the infringement. This does not solely or predominately relate to financial circumstances.
Supporting documents: To substantiate a claim of special circumstances, you will need to provide evidence such as a letter from a general practitioner, psychologist, social worker or drug and alcohol counsellor.
Exceptional circumstances
This applies if there are exceptional circumstances that could excuse the infringement offence.
For example, you had a medical emergency or vehicle breakdown.
Supporting documents: You will need to provide evidence to support your claim such as photographs or statutory declaration from you and/or a witness.
Mistaken identity
This means that you weren’t the person who committed the offence.
For example, you may have the same name as another person or family member, and the wrong person received the infringement.
Supporting documents: You will need to provide evidence to support your claim such as a statutory declaration from you and/or a witness and photographs.
Person unaware
You were unaware that an infringement has been issued.
An application made on the ground of ‘person unaware’ must be made within 14 days of you becoming aware of the infringement notice.
Please note that:
- You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.
- We cannot consider withdrawing the infringement under these grounds. We can only consider waiving additional costs that may have been incurred and/or provide you with additional time to pay the infringement.
Supporting documents: A statutory declaration is required about the date that you became aware of the infringement notice.
Decision contrary to law
You may request a review of the infringement if you believe the decision to issue the infringement was contrary to law.
For example, the infringement notice is incomplete, or you believe the infringement officer acted unlawfully.
Supporting documents: You will need to outline why you believe the decision is contrary to law and provide supporting evidence such as letter from legal representation.
For more detail on the various grounds for internal review, particularly in relation to Special Circumstances, please see the following link from Fines Victoria: Request a review (fines.vic.gov.au)
Sending an Infringement Review Application to Council
If you decide to appeal a fine, request a payment extension of time or go to court, you must make the request in writing. You can submit a request three ways:
Online (Best option)
Complete our online form below
Request for Infringement Review
By Email
Scan or attach a completed Request for Review of Infringement PDF(PDF, 207KB) and all relevant documentation and email them to shire@hepburn.vic.gov.au
By Post
Print out and complete the Request for Review of Infringement PDF(PDF, 207KB) and mail it and supporting evidence to:
Hepburn Shire Council
PO Box 21
DAYLESFORD VIC 3460
Electing to be Heard at Magistrates' Court
If you tell us you want to take the matter to court, you will be notified of the date and time of the hearing at the Magistrates' Court and you will need to pay any additional court-related costs.
What Happens When an Infringement Review Application is Received
- Your infringement will be placed 'on hold' until a decision is made
- Your infringement will be reviewed by Council Officers using the Infringements Act 2006 Internal Review Guidelines
- You will not be required to pay the infringement unless your infringement review request is unsuccessful
When reviewing an infringement, payment extension of time or magistrate court appearance request, Council will take into account all of the available information, including:
- Information collected by the officer who issued the infringement, which may include photographs
- The circumstances and any supporting documents provided by you or third parties in your application
- Requirements under the relevant legislation
The infringement review process could take up to 90 days, or longer if we need to request more information from you.
Once a decision has been made, you will be notified by Council of the outcome in writing to the postal address or email address you provided.
NOTE: If your application has been unsuccessful and you do not pay the infringement or if you do not tell us you want to go to court by the due date, the infringement will progress through the enforcement process and will escalate to Fines Victoria.
Possible outcomes of Infringement Review
Once a decision has been made, you will receive a notice of the outcome in writing by post.
If your application is successful, depending on the grounds you applied under, the enforcement agency can decide to:
- Withdraw the infringement and take no further action against you
- Withdraw the infringement and issue an official warning instead
- Refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
- Approve a payment arrangement
- Waive or vary any fees associated with the infringement
- Waive or vary any additional steps imposed by the infringement
- Confirm its decision to issue you with the infringement
If the application is not successful, you will receive a notice by mail 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
If your application is not successful, you can apply to have your matter heard in the Magistrates' Court. This gives you (or your representative) a chance to present your evidence in front of a magistrate who will make a decision about your matter.
It is important that you provide your most current address and contact details so you can be contacted about your application if required.