An application for internal review must include a reason for the review, which must be based on one of the following legal grounds:
1. Exceptional Circumstances
The offence was reasonably unavoidable due to unforeseen or unpreventable circumstances in a one-off situation, eg a medical emergency, or your vehicle broke down. The applications should be accompanied by supporting evidence where appropriate, examples include:
- Medical evidence/a letter from a treating practitioner
- Invoices/receipts
- An invoice from a mechanic for repairs made to a vehicle
- A statutory declaration
- Travel documents
2. Contrary to Law
You believe that the decision to serve the infringement notice was unlawful, eg the infringement notice is not valid because it is incomplete. This does not include circumstances where there is a minor defect on the infringement notice, such as the incorrect colour of a vehicle. Section 167A of the Infringements Act 2006 provides that an infringement is not void only because of a minor defect.
These applications should be accompanied by supporting evidence where appropriate, examples include:
- Photos of parking signage
- Witness statements
- Other evidence to establish facts
3. Special Circumstances
When considering an appeal under Special Circumstances, Council needs to be satisfied there is a connection between the condition or circumstance you suffer from and the offending behaviour. The categories of Special Circumstances are legally defined in the Infringements Act 2006.
Special Circumstances may apply if you:
- Have a mental or intellectual condition, or a serious addiction to drugs or alcohol that may mean you are unable to understand the offence or behaviour was against the law, or unable to control the behaviour that was against the law
- If you were experiencing homelessness at the time of offence
- If you were experiencing family violence which resulted in you being unable to control the behaviour which constitutes an offence
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Have a long-term condition, that does not solely or predominantly relate to financial circumstances, which makes it impracticable for you to pay the infringement penalty and any applicable fees or otherwise deal with infringement notice
To support an appeal under Special Circumstances, you should provide any reports, letters, statements, statutory declarations, police reports, or family violence safety notices that outline the condition you suffer from and how this is linked to the offending behaviour you have received the infringement for. A range of individuals can provide evidence for you for an application on these grounds including professionals and practitioners. This report must state how long you have been engaged with this practitioner for. In addition to a report from a professional, evidence that you receive assistance through the National Disability Insurance Scheme (NDIS) or a Disability Support Pension may also be included.
For more information on appealing an infringement under Special Circumstances, please see the Fines Victoria website.
4. Person Unaware
Appeals under this ground must be made within 14 days of you becoming aware of the infringement and must provide evidence (eg, failure to change registered vehicle address with VicRoads). 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.
5. Mistaken Identity
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 ground does not apply where a parking infringement was issued and someone else was driving your vehicle. In these circumstances, you will need to provide Council with a completed Infringement Nomination Statement.