Infringements and Fines

Step 1.An infringement notice is issued

You may receive an infringement in person or it may be posted to you. Once the infringement has been issued you will have 21 days (or 28 days in the case that the infringement is posted to you) to pay the infringement, appeal the infringement or elect to have the infringement heard in the Magistrate's Court.

Step 2.A penalty reminder notice is sent

If no action is taken after the initial 21 days then a penalty reminder will be sent. There will also be an additional cost incurred. You will have a further 21 days to pay the infringement, appeal the infringement or elect to have the infringement heard in the Magistrate's Court.

Step 3.The infringement is referred for further enforcement

If there has still been no action taken after the further 21 days given with the Penalty Reminder Notice, the infringement will then either be registered with Fines Victoria or referred to the Magistrates Court.

In the case where the infringement has been registered with Fines Victoria, you will receive a notice of final demand and additional costs will be incurred. At this stage, the infringement can no longer be dealt with by the Shire and you will need to deal directly with Fines Victoria.

In the case that the infringement is referred to the Magistrates Court, you will receive a summons in the mail.

Step 1.Request an extension

The Shire provides payment plans for infringements by way of an extension of time. 

You may request an extension online using the following link: 

Apply Online

If you wish to make payment of an infringement in installments, please send a written request to Council for us to do so on your behalf. 

Your request must include the infringement number, your name and residential address, so that the infringement can be referred to Fines Victoria on your behalf.

Step 2.You will be notified of the outcome

You will receive something in writing advising whether or not the extension has been approved and, if it has, the new due date for payment of the infringement. Extensions will generally be granted for a period of one month.

Step 1.Lodge your appeal

If you receive an infringement, you may make an application for internal review. Appeals must be made to the Shire in writing.

If you decide to request an internal review of your infringement notice, please consider the following:

1. If the infringement relates to a parking offence, have you viewed the photos View Photos Online - was an offence committed?

2. Do you have a valid (legal) reason for Council to review your infringement notice? 

Please note that only ONE appeal can be considered for an infringement.

When appealing an infringement, please remember to include:

•  The infringement number
• A residential or business address to post the letter of decision advising the outcome
• The reasons why you believe that Council should review your infringement notice
• Any additional documentation in support of your appeal

An application for internal review must include a reason for the review, which may be based on any of the following legal grounds: 

• There were exceptional circumstances:

The infringement was issued, but the offence was reasonably unavoidable due to exceptional circumstances.

This ground covers one-off situations such as medical emergencies, vehicle breakdown etc.

Appeals under this ground should include supporting evidence where appropriate.

• The Infringement was issued contrary to law

The person believes that the decision to serve the infringement notice was contrary to law.

• There was a case of mistaken identity

The infringement was issued to the incorrect person.

This ground is not available in circumstances where a parking infringement was issued. However, the owner of the car was not driving at the time. In this circumstance the owner of the vehicle must fill out a nomination statement(PDF, 831KB).

Appeals under this ground should include supporting evidence where appropriate.

• There were special circumstances

1. The person who received the infringement suffers from:

a) A mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness contributes to the person having a significantly reduced capacity

b) A serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction contributes to the person having a significantly reduced capacity

c) Homelessness where the homelessness contributes to the person having a significantly reduced capacity to control the conduct which constitutes an offence

These circumstances impact the applicant's ability to understand that their conduct constitutes an offence, and/or to control the conduct that constitutes an offence. 

2. Family violence within the meaning of section 5 of the Family Violence Protect Act 2008 where the person is a victim of family violence and family violence contributes to the person having a significantly reduced capacity to control conduct which constitutes an offence. Please note, if family violence contributed to you receiving the fine, the Family Violence Scheme may apply to you. Please see the Fines Victoria website for more details.

3. Extremely serious circumstances that are long-term in nature and mean that the person is unable to pay or otherwise deal with their infringement fine. This category applies to people who have long-term and extremely serious circumstances that:

a) may not have been present at the time of offending

b) are particularly disabling or incapacitating in nature, and

c) result in the person being unable to pay or otherwise deal with their infringement fine.

Special circumstances do not include any circumstances that solely or mostly relate to a person's financial circumstances.

Where there is financial hardship, the infringement system provides payment plans, payment arrangements and the work and development permit scheme. You may request an extension online using the following link:

Apply Online

Applications for internal review on the grounds of Special Circumstances should include supporting evidence. 

• The offender was unaware that the infringement was issued

The person was unaware that the infringement notice had been served.

Appeals under this ground must be made within 14 days of the person becoming aware of the infringement and evidence of this must be provided.

Please note that, unlike the other grounds for appeal, this is not grounds for the infringement to be withdrawn. A successful appeal under these grounds will allow for further time to deal with the infringement (which may include further review under any of the grounds above or taking any other action available upon the issue of an infringement).

Lodge Your Appeal Online

OR you may post or email your appeal directly to the Shire

Step 2.Review of Your Infringement

Once your appeal has been received your infringement will be placed on hold and no further action will be taken until the review has been concluded. Council may request further information from you with regards to your appeal. If this is not provided within 14 days of the request, a decision may be made on your appeal without any further information.

Step 3.Advice of the Outcome

Once a review has been completed you will receive a letter notifying you of the outcome of your appeal. If your appeal was not successful the due date of the infringement will be extended and you will be advised of the options available to you.