What stage is your fine at?

• Infringement Notice or Penalty Reminder Notice

  Infringement Notice or Penalty Reminder Notice

  If you've received an Infringement Notice or Penalty Reminder Notice, you can apply to have your fine reviewed by the agency that issued your fine. This is called an internal review.

  You’re allowed one internal review per infringement notice.

  When can you request a review?

  You can request a review of your fine if you believe:

  • the decision was contrary to law
  • you did it, but you had exceptional circumstances
  • there has been a mistake of identity
  • you were unaware of the notice and it was not personally given to you
  • you had special circumstances
  • your fines resulted from family violence.

  You may be asked to provide evidence to support your application.

  Internal reviews are not available for:

  • excessive speeding
  • drink-driving offences
  • drug-driving offences
  • rail safety work offences
  • alcohol-related boating offences.

  If your fine is for a traffic offence and you were not in possession or control of the vehicle at the time of the offence, you can apply to nominate the driver responsible.

  What happens after you apply?

  The agency that issued the fine will review your request within 90 days of receiving your application. It may take longer if you’re asked to provide additional information.

  If you don’t respond to the agency’s request for information, your application may be reviewed based on the information available.

  Your application for internal review will be assessed based on the information and evidence you provide to support your claim. Once a decision has been made, you’ll receive notice of the outcome in the mail.

  Possible outcomes of a review

  The agency can decide to:

  • withdraw the fine and take no further action against you
  • withdraw the fine and issue an official warning instead
  • refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
  • waive or vary any fees associated with the fine
  • waive or vary any additional steps imposed by the fine
  • approve a payment arrangement
  • confirm its decision to issue you with the fine.

  If the review is refused, you’ll receive a notice in the mail or by email to confirm:

  • the agency's decision
  • how much you need to pay
  • when you need to pay it by.

  Are you applying with special circumstances?

  Possible outcomes are different for applications based on special circumstances.

  If your application is successful, your fine may be withdrawn and no further action will be taken. You may, however, be served with an official warning in place of the infringement notice.

  If your application is unsuccessful, you can apply to have your matter heard in the Magistrates' Court (Go to Court). This gives you (or your representative) a chance to present your evidence in front of a Magistrate who can make a decision on your fine.

  Note: It’s important you provide your most current address and contact details so we can contact you about your application if required.

• Notice of Final Demand

  Notice of Final Demand

  At this stage of the fines lifecycle your request for a review is treated differently. You can still apply for a review, but your application will be submitted to and determined by the Director, Fines Victoria. This is known as 'enforcement review'. 

  When can you request a review?

  You can apply to have your fine reviewed if you have evidence to support that:

  • the decision was contrary to law
  • you had exceptional circumstances
  • there has been a mistake of identity
  • you were unaware of the notice and it was not personally given to you
  • you have special circumstances
  • your fines resulted from family violence.

  You can’t apply to have your fine reviewed if:

  • your fine was for an excessive speed, drink or drug-driving offence
  • the 7 day notice period has expired*

  *If you received a 7 day notice prior to 31 December 2017, you may still be able to apply for a payment arrangement, work and development permit, the family violence scheme or request a review.

  What happens after you apply?

  If your application is granted, the Director, Fines Victoria will:

  • cancel the enforcement of the infringement fine
  • send confirmation of the outcome to you in the mail or by email
  • refer the matter back to the enforcement agency.

  If the matter is referred back to the enforcement agency, they can decide decide to withdraw the fine, or refer the fine to the Magistrates' Court for hearing. If the enforcement agency refers to the fine for hearing, the Magistrates' Court will advise you of the time, date and place for your hearing.

  If your application is refused, the Director, Fines Victoria will: 

  • commence or continue enforcement action
  • send confirmation of the outcome to you in the mail
  • tell you how much you need to pay and when you need to pay it by

  You must do one of the following with 21 days:

  • pay the fine
  • apply for a payment arrangement
  • apply for a work and development permit (if eligible) 

• How to apply if you have special circumstances

  You may be able to have your fine withdrawn or cancelled if you had special circumstances at the time you were issued with the fine, that meant you:

  • didn’t understand your behaviour was against the law
  • couldn’t control your behaviour (even if you knew it was against the law).

  Special circumstances include:

  • intellectual disability
  • mental illness or disorder
  • a serious addiction to drugs or alcohol
  • homelessness
  • family violence.

  To apply, you’ll need to provide supporting evidence from a qualified practitioner or agency confirming:

  • your condition or circumstance
  • how your condition or circumstances caused you to commit the offence.

  Who can prepare your supporting evidence?

  If you have an intellectual disability or a mental illness or disorder you’ll need to provide a report from your:

  • general practitioner
  • psychiatrist
  • psychologist
  • psychiatric nurse.

  If you have an alcohol or drug addiction, you’ll need to provide a report from your:

  • general practitioner
  • case manager
  • psychiatrist
  • psychologist
  • accredited drug treatment agency
  • accredited drug counsellor.

  If you are homeless, you’ll need to provide a report from your:

  • case worker
  • case manager
  • approved agency (e.g. the Salvation Army)
  • recognised health or community welfare service provider.

  If you have suffered from family violence, you’ll need to provide a report from your:

  • case worker or social worker (e.g. a specialist family violence case worker)
  • financial counsellor
  • health practitioner (e.g. general practitioner, psychologist, psychiatrist, registered occupational therapist)
  • school principal or school welfare coordinator.

  Is there any other relevant information?

  In relation to homelessness, the statement or letter must:

  • include details of current living arrangements (if any)
  • give details of period of homelessness
  • demonstrate how this circumstance contributed to your receiving an infringement notice
  • provide any additional information that may assist Fines Victoria
  • be signed and dated within the last 12 months.

  When completing the statement, the following questions must also be addressed:

  1. What are your current living arrangements?

  • How long have you been homeless?
  • Were you homeless at the time of the offence?

  2. Has homelessness resulted in you being unable to control your conduct that constitutes the offence?

  • If so, how did the homelessness contribute to the offences?
  • Do (or did) you suffer from any other illnesses that may be relevant in determining whether you were able to control or prevent the conduct for which the infringement was issued?
    If so, are you taking medication or undergoing any treatment or rehabilitation?

  What’s required in your report?

  Your practitioner or agency report should include:

  • the details of the practitioner or case worker (including their qualifications)
  • an outline of your relationship with the practitioner and how long they’ve known you
  • the nature, severity and duration of your condition or circumstance
  • whether you were experiencing symptoms at the time of the offence
  • the connection between your offence and your circumstance.

  The report must have been completed within the last 12 months. Fines Victoria may accept a report prepared outside the 12 month period if a condition is a lifetime condition (e.g. an intellectual disability).

  Need help applying?

  Your health practitioner or case worker can request a review on your behalf.

  Do you need legal assistance?

• Don’t want to apply online?

  You’ll need to request a review in writing. If you’re not ready to apply online, you can apply by mail or in person.

  The application form you need to download will depend on the stage of fine you’ve received. This can be found at the top of your fine.

  Do you have an Infringement Notice or Penalty Reminder Notice?

  Download the Application for Internal Review and follow the steps in the form. 

  Do you have a Notice of Final Demand?

  If you’re applying for enforcement review, download the Application for Enforcement Review and follow the steps in the form. 

  Or start your application online.