Reviewing an Infringement
If you have received an infringement and you believe you should not have, you can apply for an internal review.
How to apply for an infringement review
You can apply for a review of your infringement by completing an Infringement Review Application form.(PDF, 230KB)
The request will be reviewed against the Internal Review Guidelines prescribed by the Department of Justice and Community Safety.
Reasons that are not valid for a review
Below is a list of common scenarios that Council do not consider a reason to withdraw the fine, particularly for parking fines:
- Not understanding, or believing you are exempt from the rules
- Being new to the area of Colac Otway
- Appointments or meetings running overtime when you are parked in a prohibited area (eg medical appointments running late)
- Misreading or not understanding the sign
- Being unaware of which vehicles can use Loading Zones or Permit Zones
- Running out of petrol, or experiencing vehicle issues that did not require repair/towing
- Being your first infringement
Grounds for appeal
Exceptional Circumstances
Please provide details of the exceptional circumstances (where you have committed the offence due to unforeseen or unpreventable circumstances, eg. medical emergencies).
For more information about exceptional circumstances, visit the Fines Victoria website.
Contrary to Law
Please provide the reasons why you consider the decision to issue you with an infringement was unlawful (eg. the infringement was not valid).
Special Circumstances
Special circumstances include:
- a mental or intellectual disability, disorder, disease or illness
- a serious addiction to drugs, alcohol or volatile substance
- homelessness
- family violence within the meaning of the Family Violence Protection Act 2008, or
- a long term circumstance or condition making it impractical to deal with the infringement.
You must provide evidence (e.g. letter, report, statement) from one of the following parties to support your application:
- a case worker, case manager or social worker
- a general practitioner, psychiatrist or psychologist, or
- an accredited drug treatment agency.
Evidence (e.g. letter, statement or a report) from a practitioner or case worker should include the following information:
- the practitioner/case worker’s qualification and relationship with you, including the period of engagement
- the nature, severity and duration of your condition or your circumstances
- whether, in the opinion of the practitioner/case worker, your condition/circumstances:
a) contributed to a significantly reduced capacity to understand or control constituting the offence, or
b) make it impracticable to deal with your infringement.
For more information, visit www.fines.vic.gov.au
Mistaken Identity
Please provide an explanation of why you rely on the ground of mistake of identity (including evidence e.g. copy of your driver’s licence, in support).
For more information, visit the Fines Victoria website.
Person Unaware of 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 evidence 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. For more information, visit the Fines Victoria website.
The review process
Every case is considered on its merits.
An internal review can only take place if the infringement has not already been forwarded to Fines Victoria.
Most reviews are completed within 14 days, however the Infringements Act allows up to 90 days or longer if additional information is required. To avoid potential delays please check your infringement notice to confirm that it was issued by Colac Otway Shire Council. Any enquiries regarding infringements issued by other organisations should be directed to the organisation mentioned on your infringement notice.
You will be notified in writing of the outcome of the internal review.
If you have not received a written response and you would like to check that your application for internal review has been received please feel free to contact our Local Laws Unit on 5232 9400.