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.

  For fines issued by Victoria Police, information about official warnings is available on the Victoria Police website.

  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

  Can I request an Enforcement Review?

  Fines Victoria cannot accept your application for an enforcement review if any of the following applies:* the fine has already been paid in full. the fine is not registered with Fines Victoria and you have not received a Notice of Final Demand from Fines Victoria. In these circumstances, you should contact the agency that issued the fine for your options. you are the registered owner of the vehicle, but someone else was driving, and you did not nominate them before the fine was registered with Fines Victoria – it is now too late to nominate. your fine was ordered by a court. your fine was issued for an excessive speed, drink or drug-driving offence. a sheriff’s officer has served you with a 7 Day Notice, and the period has expired.** you have previously had an enforcement review determined for this fine on the grounds of exceptional circumstances, mistaken identity, contrary to law or person unaware. If any of the above applies to you, do not proceed any further. * There are other, less common factors that disqualify you from applying for an enforcement review. For a full list of disqualifying factors, see the Guide to Enforcement Review. ** 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.

  
  We can only accept your Application for Enforcement Review if you provide supporting evidence for one or more of the following grounds:

  Person Unaware

  "I did not receive the fine(s) in person and only just found out about it."

  If you did not receive the fine(s) in person and have only just found out about it, we must receive your application within 14 days of the date you became aware. If you apply for enforcement review on the grounds of person unaware, your application should include evidence showing why you were unaware of your fine. This might include, for example, a copy of your passport or a boarding pass showing that you were overseas, an invoice from a removalist if you moved house or mail theft reports from Victoria Police or Australia Post if your mail was stolen or undelivered.

   

  Tolling and Traffic Offences are not eligible for review on this ground. If you just became aware of a Tolling or Traffic Offence, and you would like to access one of the options only available to you at the infringement stage (i.e. Nomination, Internal Review, Court Request) you can apply for an Infringement Extension with the Magistrates’ Court. You must apply to the court within 14 days of the date you became aware.

   

  Contrary to Law

  "The issuing of the infringement notice was unlawful or not valid."

  You can apply on the ground of contrary to law if you believe that the enforcement agency’s decision to serve and enforce your fine was inconsistent with the law. For example, you might believe that the fine is invalid for some reason, or that the officer who issued the fine acted unlawfully, unfairly, improperly or outside of their authority.

   

  Mistaken Identity

  "The fine should not have been issued against me."

  You can apply on the ground of mistaken identity if you think that the fine was issued to you in error (for example, you are not the person named in the fine). Your application should include evidence such as your birth certificate, passport or driver licence showing that you are not the person named in the fine.

  You cannot apply under this ground if you are the owner of a vehicle and another person was driving your vehicle and committed the offence. In that situation, you were required to nominate the driver of the vehicle when you received the fine. It is now too late to nominate.

   

  Exceptional Circumstances

  "I have exceptional circumstances that resulted in the fine."

  You can apply on the ground of exceptional circumstances if you had awareness and control of your conduct that resulted in your fine but the offence(s) occurred due to circumstances that were out of the ordinary, unavoidable or unexpected (for example, medical emergency or a vehicle breakdown).

   

  Special Circumstances

  "I am responsible for the offence(s) but have special circumstances, and my condition or circumstances caused me to commit the offence."

  You can apply on this ground if you committed the offence(s) and can demonstrate that special circumstances existed at that time. If you wish to dispute the fine or believe you are not responsible for the fine, you are not eligible to apply for special circumstances. Companies are not eligible for this ground.

   

  Family Violence

  "I am a victim of family violence and my experience substantially contributed to my fines."

  If your fines resulted from family violence, the Family Violence Scheme may be an option.

  Companies are not eligible for the Family Violence Scheme.

   

  What evidence do I need to provide?

  Without supporting evidence, your application will probably not be successful.

  Make sure you provide all the details as well as any supporting documents because in most cases, by law, you only get one chance to request a review. You must provide all of the relevant information with your application to help the Director, Fines Victoria make a decision.

  Examples of evidence can include, but are not limited to:

  • medical reports
  • bank statements
  • hospital admissions documentation
  • police statements or reports (including mail theft reports made to Victoria Police or Australia Post)
  • travel documentation (for example, copies of flight itineraries, date-stamped passports, boarding passes, or international movement records)
  • removalist invoices
  • tow truck or mechanic's invoices
  • identification documents (for example, driver’s licence, birth certificate)
  • Motor Vehicle Transfer documents or other proof of sale of a motor vehicle

   

  What happens after I apply?

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

  • 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, and
  • commence or continue enforcement action if you do not pay.

  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)

  If your application is successful, 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, and
  • refer the matter back to the enforcement agency.

  When the matter is referred back to the enforcement agency, it can decide to withdraw the fine, or serve you with a charge and summons to go to the Magistrates' Court. This means that the court will hear the case against you and if you are found guilty, it may record a conviction and a higher penalty. The time, date and place for your hearing will appear on your charge and summons.

  For more information on the enforcement review process, including the grounds for review, how to make an application, and the possible outcomes of an enforcement review, you can download the guide to enforcement review.
  

   

• 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?

  If you don't want to apply for a review online, you’ll need to request a review in writing, by mail or in person.

  The application form you need to download will depend on what stage your fine is at. You can find this 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. 

  For more information on this process, including the grounds for review, how to make an application, and the possible outcomes of an enforcement review, you can download the guide to enforcement review.

  The fastest way to request a review is to apply online.