Request an infringement review

If you have received an infringement or Penalty Reminder Notice, you may be able to request a review of the infringement issued by any of Moyne Shire Council’s authorised officers. This type of review is called and internal review. You can only request one internal review for each infringement.

If you believe you have been unfairly issued with a fine or there is a valid reason your fine should be withdrawn, you may have grounds to appeal. Please attach any supporting evidence for your review.

A brief outline of these circumstances is explained below, further details can also be found under Section 22 of The Act or the Fines Victoria website.

Person unaware: you did not know about the fine

You can request a review under this ground if all of the following apply:

  • you found out about the fine within the last 14 days
  • the fine was not personally given to you by an officer, and

If you moved house but you did not change your authorised address with the relevant agency (for example, VicRoads) within 14 days of moving, your application may not be successful.
 
Your application may not be successful unless you provide evidence showing you did not 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.
 
You must submit your application within 14 days of the date you became aware of the fine.
 
If your application is successful, you will be granted a further 21 days to deal with your fine.

 

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

 

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

You can request a review under this ground 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.

This review ground does not apply if someone else was driving your vehicle at the time of the offence, you are the registered owner of the vehicle and you received a camera-detected fine.

Once your fine progresses to a Notice of Final Demand, it is too late to nominate (except in limited circumstances, such as family violence situations).

You cannot request a review under this ground if someone else was driving your vehicle. Failing to nominate the responsible person is not a valid reason to apply for mistake of identity.

 

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

You should only select this ground 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 should only select this ground 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
  • you cannot deal with your fines because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence.
  • had a serious addiction to drugs, alcohol or a volatile substance
  • were homeless
  • were a victim of family violence, or
  • you cannot deal with your fines because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence.

You will need to provide evidence from a qualified practitioner or agency to support your application. For more information on what is required and how to apply, see: Special Circumstances.

 

The Family Violence Scheme

If you have been impacted by family violence, the Family Violence Scheme is an option to help victim survivors deal with fines if there is a link between the family violence and their fines.

Council advises you to visit the Fines Victoria webpage Family Violence Scheme for more information and assistance or call Fines Victoria on 1300 369 819.

 

If you cannot afford to pay or do not meet the above criteria for a review

If you do not meet the above criteria for a review, and are proceeding to payment, Council do provide payment plans. An application is available from Customer Service or call 1300 656 564 to have it mailed to you.

If you meet certain criteria, you may be able to apply for the Work and Development Permit scheme or the Family Violence Scheme.

Click here to view form.