Request a review of a fine

Overview

The City of Casey reviews infringements under the Infringements Act 2006, and by law, you can request one internal review of your fine. Review requests must be lodged in writing before the infringement due date.

Please read the information below carefully and ensure you correctly apply for your review. A second application will not be considered.

Valid reasons for a review

You must satisfy one of these circumstances.

Special circumstances

If you have any of the circumstances outlined below, you may be eligible to apply for a review of your fine(s)

You can only apply if you show that one of the following applies.

• You committed the offence in part because you:
  • had a mental or intellectual disability, disorder, disease or illness; had a serious addiction to drugs, alcohol or a volatile substance
  • were homeless
  • were affected by family violence
• 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.

Special circumstances linked to your offending behaviour

You must show a link between your special circumstances and your offending behaviour. If you have a mental illness, intellectual disability, or a serious substance addiction, you need to provide evidence of how this reduced your capacity to:

• understand your behaviour was against the law or
• control your behaviour (even if you knew it was against the law).

If you are homeless or a victim of family violence, you need to provide evidence of how this reduced your capacity to control your behaviour (even if you knew it was against the law).

If your fines resulted from family violence, you may be able to apply under the Family Violence Scheme.

Long-term circumstances linked to your ability to deal with your fine

If you are not able to deal with your fine due to severe disabling long-term circumstances, you need to provide evidence that your circumstances:

• are long-term and severe, disabling or incapacitating, and
• relate mostly to issues other than financial hardship, and
• make it impracticable or unfeasible for you to deal with your fine by:
  • paying in full
  • paying in instalments
  • completing activities or treatment under a Work and Development Permit
  • applying for the Family Violence Scheme.
• Examples include:
  • long-term involuntary mental health care
  • severe physical or intellectual disability.

Providing evidence

To substantiate a claim of special circumstances, the City of Casey requires supporting evidence that links your circumstances to the infringement notice.

Evidence from the following parties can be accepted. Please note that providing false or misleading documents will result in the review being automatically rejected.

• A general practitioner, psychiatrist or psychologist. This may be a medical report or letter from a treating physician or hospital outlining specific details of a severe illness or medical emergency.
• A social worker. This may be a supporting letter from a psychologist/psychiatrist, social worker, outreach organisation or community service provider.
• A supporting letter from a drug and alcohol counsellor.

Exceptional circumstances

Exceptional circumstances are unforeseeable events. Please provide details of the exceptional circumstances where you have committed the offence due to unforeseen or unpreventable circumstances, for example:

• A medical emergency
• Temporarily parking a damaged vehicle directly following involvement in an accident
• Mechanical breakdown.

Providing evidence

To substantiate a claim of Exceptional Circumstances, the City of Casey requires evidence that supports the exceptional circumstance, including its time and date.

Providing false or misleading documents will result in the review being automatically rejected.

Examples of satisfactory evidence include, but are not limited to, the below.

• Medical report or letter from a treating physician or hospital outlining specific details of serious illness or medical emergency.
• A detailed mechanical repair invoice, receipt for repair parts or goods or tow docket (detailing the work performed, date and time)
• Visual proof such as photographs, security camera or other video footage.
• Statutory declaration from you or witnesses.
• Any other information or evidence that supports your claim.

Mistaken identity/nomination statement

This means that you weren’t the person who committed the offence. For example, you were not the driver who committed the parking offence (the car was stolen or driven by someone else), or your registration number was recorded incorrectly.

Supporting documents

Providing false or misleading documents will result in the review being automatically rejected.

If you claim mistaken identity concerning a parking offence, complete the online or printable Nominate Driver or Elect Court form.

If the offence was committed by another driver.

• Provide a copy of your car registration certificate if the wrong registration number was recorded.
• Provide a copy of your car registration certificate.
• Provide a copy of the police report if your car was stolen.

Person unaware

This means that you were not aware that you had an infringement notice.

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.

Important

• You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.
• We will not withdraw your original infringement amount under this ground. We will only consider waiving any additional costs that may have been incurred.

Invalid reasons for a review

The circumstances below are not valid grounds for a fine review.

Parking infringements

• cannot afford to pay the infringement
• not seeing or misreading a parking sign
• weather conditions
• being new to or unfamiliar with the City of Casey or a particular road rule
• being delayed at an appointment, meeting or being in a hurry
• being unable to find anywhere else to park
• moving your vehicle from one parking space directly to another between the same parking signs
• parking for a very short time
• not displaying a valid parking permit (for example an expired permit)
• displaying a parking permit incorrectly (e.g. facedown or blown off the dashboard)
• leaving the vehicle because you, or a passenger, needed to use the toilet.
• leaving the vehicle to get change or running out of change
• stopping to let a passenger in or out, or to make a quick delivery
• Stopping to answer your mobile phone
• running late to drop your children at school
• a school area being so busy you could not park legally
• running out of petrol or experiencing vehicle issues that did not need repair or towing
• being unaware of which vehicles can use Loading or Permit Zones
• incorrectly displaying a dual-registration or transferable parking permit.
• being unaware of the act being a parking offence
• first offence, “clear driving record”

Animal infringements

• cannot afford to pay the infringement
• forgetting to register or renew an animal's registration
• not being able to recall receiving your animal renewal
• being unaware that animal registration was required
• being told by a third party that you did not have to register your animal
• your property was inadequately secured and your animal escaped
• believing that because an animal is registered with a microchipping company it is also registered with Council.

Penalty reminder fee waiver request

Through the review application form, you can provide the reason(s) why you believe the additional reminder fees should be waived. The original penalty amount is still applicable under this request.

Applying for a review

If you have multiple infringements you would like reviewed, please send each request separately.

You can also request a waiver for additional reminder fees, even if the original fee remains unchanged.

All review requests must be made before the infringement payment due date in writing and include the following information:

• Your name and address. If providing a PO Box, a residential address will also be required.
• The infringement notice number
• The vehicle registration number (where applicable)
• An explanation of why the infringement notice should be reviewed
• Supporting documentation
• If your name is not on the infringement, you will need to gain consent from the person or company whose name is on the infringement. You can do this by completing a nomination statement or providing written consent from the vehicle's registered owner.

Apply for an infringement review

Alternatively, download the form and return it to one of our Customer Service locations.

Note: The Mayor and Councillors cannot participate in administrative functions or respond to requests for a review of infringement notices.

What happens next

The infringement will be put on hold once we receive your request. You will also be emailed an acknowledgment that we have received your request.

Per the Infringement Act 2006, an Infringement Review Officer will assess your request and provide you with a written outcome within 90 days from receipt of your request.

Extra costs will be added to your infringement amount if we receive your request later than the due date, 

Internal review outcomes

The decisions an enforcement agency can make on review vary depending on the application. Section 25 of the Infringements Act 2006 details example reviews and possible outcomes, including a combination of the following.

• Confirm the decision to serve an infringement notice.
• Withdraw the infringement notice and serve an official warning.
• Withdraw the infringement notice.
• Withdraw the infringement notice and refer the matter to the court.
• Waive all or any penalty reminder notice fees.
• Approve a payment plan.

For more information about internal reviews, please visit Fines Victoria.