Wodonga Council
Infringement review

Page URL: https://www.wodonga.vic.gov.au/About-Council/Our-City/Local-Laws/Infringement-review

Infringement review

 /  About CouncilOur CityLocal LawsInfringement review


What do I do if I have an infringement notice? You can request a review.

If you have recieved an Infringement Notice or Penalty Reminder Notice, you have the right to request a review. 

This type of review is called an Internal Review. Under the Infringements Act 2006 an application for review can only be made once for each infringement notice. Please do not send in your infringement notice. 

Applications for internal review on registrable infringements can be lodged at any time before the infringement is registered with Fines Victoria (usually within three months). Fees apply if lodged after the 28-day period.

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

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.

Contrary to law: The fine is invalid or was incorrectly issued to you

Please provide the reasons why you consider the decision to issue you with an infringement was unlawful (for example, the infringement was not valid).

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:

  • Had a mental or intellectual disability, disorder, disease or illness;
  • Had a serious addiction to drugs, alcohol or a volatile substance;
  • Were homeless; or
  • Were a victim of family violence.

You may also select this ground if you can show that you are not in a position to deal with your fines because of severe, disabling long-term circumstances.

Special circumstances linked to your offending behaviour

You must show a link between your special circumstances and your offending behaviour.

If you have a mental illness, intellectual disability or a serious substance addiction, you need to provide evidence of how this reduced your capacity to:

  • Understand your behaviour was against the law; or
  • Control your behaviour (even if you knew it was against the law).

If you are homeless or a victim of family violence, you need to provide evidence of how this reduced your capacity to control your behaviour (even if you knew it was against the law). If your fines resulted from family violence, you may be able to apply under the Family Violence Scheme.

Long-term circumstances linked to your ability to deal with your fine

If you are not able to deal with your fine due to severe, disabling long-term circumstances, you need to provide evidence that your circumstances:

  • Are long term and particularly severe, disabling or incapacitating;
  • Relate mostly to issues other than financial hardship; and
  • Make it impracticable or unfeasible for you to deal with your fine by:
    • Paying in full
    • Paying in instalments
    • Completing activities or treatment under a work and development permit
    • Applying for the family violence scheme

Examples of long-term special circumstances include:

  • Long-term involuntary mental health care
  • Severe physical or intellectual disability

Who can prepare your supporting evidence?

You must provide evidence from a practitioner or agency that knows about your circumstances. Depending on your particular circumstances, this may be your:

  • Doctor or medical specialist
  • Psychiatrist or psychologist
  • Social worker or case worker
  • Accredited drug treatment agency or drug counsellor
  • Financial counsellor
  • A recognised health, support or welfare agency (for example, the Salvation Army)

Evidence may include reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices.

What is required in your report?

Your practitioner or agency report should include:

  • An explanation of your circumstance including its nature, severity, duration, and impact on your life;
  • The link between your circumstance and your offending behaviour, or your long-term inability to deal with the fine;
  • Your practitioner's qualifications; and
  • Your practitioner's relationship with you and its duration.

We may ask you for more information to help determine your application.

Your evidence should be signed and dated within 12 months of the date of your application. You can provide evidence that is older than 12 months if it relates to a permanent condition, such as an intellectual disability.

Mistaken identity: The fine was issued to the wrong person

Please provide an explanation of why you rely on the ground of mistaken identity (including evidence in support - for example, a copy of your driver’s licence).

Person unaware: You did not know about the fine

An application made on the ground of ‘person unaware’ must:

  • Be made within 14 days of you becoming aware of the infringement notice (you may give evidence of the date that you became aware of the infringement notice by executing a statutory declaration);
  • State the grounds on which the decision should be reviewed; and
  • Provide your current address for service.

Parking infringements 

If you were not driving the car at the time of the infringement, you will need to fill out the specific owner onus form that relates to your situation. 

If you need to know more about parking and the law, read the Victoria Law Foundation's Parking, the law and you booklet.

What happens after you apply for a review

After you have completed and submitted your application, your fine will be placed on hold and no further fees will be added. 
The agency that issued the fine will review your request within 90 days of receiving your application. Your application for internal review will be assessed based on the information and evidence provided to support your claims. 

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.
Once a decision has been made, you will receive notice of the outcome by post.
If your application is successful, depending on the grounds you applied under, the enforcement agency 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 (or the Children's Court if you're under 18);
  • Approve a payment arrangement;
  • Waive or vary any fees associated with the fine;
  • Waive or vary any additional steps imposed by the fine; or,
  • Confirm its decision to issue you with the fine.

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; and.
  • Any other options available to you.
  • If your application is not successful, you can apply to have your matter heard in the Magistrates' Court – see Dispute your fine in 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.

Use the following links to apply for an internal review of an infringement notice.