Infringements

Overdue fines

If you do not pay your infringement by the due date, the following will occur:

1. Penalty Reminder Notice

If you do not respond or pay your fine before the specified due date, you will be sent a Penalty Reminder Notice. Additional costs will be incurred at this time.

2. Fines Victoria

If you do not respond to the Penalty Reminder Notice, Council will lodge the matter with Fines Victoria. You will receive a Notice of Final Demand and will incur additional costs.

3. Sheriff’s Warrant

If you don’t respond to the Notice of Final Demand, an Enforcement Warrant will be issued with further costs. If you still do not comply, another cost to execute the warrant will be added. A warrant gives the Sheriff power to demand payment of the fine and all costs, or to take your possessions as security. If you do not pay within seven days, your possessions can be sold or you could be imprisoned. You may elect to have the matter heard in an open court hearing at the Magistrates Court. Such a request must be received in writing.

The information contained on this page is intended as a general guide only. It is not intended to be, and should not be relied on as a substitute for professional legal advice.

 

Request an internal review

If you have received an infringement but believe there is a reason why you should not have to pay the infringement, you can apply to Council to have the decision to issue the notice reviewed.

Only one internal review may be considered for each infringement.

Timeframes

You can submit an application for internal review any time up until:

  • the infringement due date
  • the offence is registered with Fines Victoria

Relevant grounds for review

In order for an internal review to be considered, you must apply based on one of the following six categories:

1. Exceptional circumstances

You must provide details of the exceptional circumstances (where you have committed the offence due to unforeseen or unpreventable circumstances, e.g. medical emergencies).

2. Contrary to law

You must provide the reasons why you consider the decision to issue you with an Infringement was unlawful (e.g. the Infringement was not valid).

3. Special circumstances

Special circumstances includes:

  • a mental or intellectual disability, disorder, disease or illness
  • a serious addiction to drugs, alcohol or volatile substance
  • homelessness, or
  • family violence within the meaning of the Family Violence Protection Act 2008.

You must provide evidence (e.g. letter, report, statement) from one of the following parties to support you 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 practitioner or case work 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:
    • a) whether you were suffering from the relevant condition or circumstances at the time the offence was committed, and
    • b) whether, in the opinion of the practitioner/case worker, it is more likely than not that your condition/ circumstances resulted in your inability to understand or control the conduct constituting the offence.

The practitioner or agency report must show that because of your condition/situation you could not understand or control constituting the offence.

4. Mistaken identity

You must 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).

5. 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. 

6. Penalty reminder notice fee waiver request

You must provide the reason(s) why you believe the Penalty Reminder Notice Fee should be waived. Note: The original penalty amount is still applicable under this request.

Reasons that are not valid

Below is a list of common scenarios that Council do not consider a reason to withdraw the fine, particularly for parking fines:

  • Being unaware of, not understanding, or believing you are exempt from the rules
  • Being new to the area of Nillumbik
  • 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
  • Forgetting to display the correct or valid parking permit/disabled parking permit
  • Being your first time

Review conditions

An application for Internal Review of the decision to issue an infringement notice may only be made once for this infringement offence. The decision once made, is final.

If you do not provide sufficient information the Council may delay its decision while it requests further information. If you do not provide that further information within 14 days of the service of the request, the Council must then by law decide your application without that further information. So, it is important for you to provide as much information and photocopies of relevant documents as possible with your initial application.

If you have elected to go to court, the Council must decline to conduct an Internal Review. If you elect to go to court before the decision of an Internal Review is made the review process is terminated as at the date of your election to go to Court.

The Council will post a notice of its decision about the Internal Review to you. Our reply will be posted to the address that has been written on the front page of this form. Our reply should be received within 14 days.

If your request is not approved

If you are not satisfied with the outcome of your review, you can contest the matter further by requesting the matter be heard in the Magistrate’s Court.

How to apply

Complete the online form and attach any relevant documentation

Request an internal review of an infringement

 

Payment plans

If you are having difficultly paying your infringement by the due date, you can request a payment arrangement by completing the online form.

Please note this request must be submitted before the due date as it appears on the infringement notice.

Request an infringement payment arrangement

 

Lost or misplaced infringement notices

If you have misplaced your infringement notice, please contact us to request a replacement.

Nillumbik Shire Council
nillumbik@nillumbik.vic.gov.au
03 9433 3111