Infringement Appeals

Infringement Appeals

If you believe you've been unfairly issued with a fine, you can have it reviewed.

If you've received an Infringement Notice or Penalty Reminder Notice, this is called an Internal Review.

There are some important things you should know about making a request for a review:

  • Can be made by you or by somebody acting on your behalf with your consent.
  • Must be in writing (See how to apply below).
  • A request for a review must state the grounds on which you consider the decision should be reviewed.
  • You must provide your current address and Infringement Number.
  • To avoid additional costs and enforcement action being taken against you, a request for a review should be made prior to the payment due date listed on the Infringement Notice.

Apply for an Internal Review

If you have been served with an infringement notice, you, or a person acting on your behalf with your consent, may apply to Council for a review of the decision to service the infringement notice if you believe one of the following grounds exist:-

  • The decision was contrary to law;
  • The decision involved a mistake of identity;
  • That special circumstances apply to you;
  • The conduct should be excused because exceptional circumstances exist; and
  • You were unaware of the infringement notice having been served.

A description of these grounds can be found on the 'Application for an Internal Review' Form.

An application for internal review must be in writing and must state the grounds on which the decision should be reviewed.  The application must also provide your current address.  To avoid any additional costs and further enforcement action being taken against you, a request for an internal review should be made prior to the payment due date on the infringement notice.  An application for internal review must be made before the infringement penalty and any penalty reminder notice fee are registered with Fines Victoria.  If the application for internal review is on the grounds that you were unaware of the infringement notice having been served, the application for internal review must be made within 14 days of you becoming aware of the infringement notice.

Applications for internal review should be accompanied by any supporting evidence that you have.  By providing this in the first instance, you can avoid delays associated with a request for further information or supporting evidence.

How to apply for an Internal Review

You can apply by downloading the Application for an Internal Review form and returning it to Pyrenees Shire Council, 5 Lawrence Street, Beaufort Vic 3373 or pyrenees@pyrenees.vic.gov.au


What happens next?

An internal review will be conducted, this usually happens within 90 days of receiving your application.

You may be requested to provide further information, in these cases it can take longer.

Once a decision has been made, you will be notified in writing to let you know the outcome.

On review, the reviewer can:

  • confirm its decision to issue you with an infringement notice;
  • withdraw the infringement notice and issue an official warning in its place;
  • withdraw the infringement notice;
  • withdraw the infringement notice and refer the matter to the Court;
  • waive all or any penalty reminder notice fee; or
  • approve a payment plan.

If the decision to serve the infringement notice is confirmed, you must:

  • pay the infringement penalty;
  • apply to Council for a payment plan;
  • apply to Fines Victoria for a payment arrangement;
  • elect to have the matter heard and determined in Court; or
  • be subject of an application to Fines Victoria for a work and development permit.

Failing to do so may result in further costs and enforcement action.

A Work and Development permit is a new initiative to provide vulnerable and disadvantaged people with a non-financial option to address their fine debt.  For more information visit Department of Justice - Work and Development Permit Scheme.

Need more help with fines & Infringements?

Contact Fines Victoria of Victoria Legal Aid – Fines and Infringements.


Payment Options

If you have received an infringement notice you are required to pay the infringement penalty in full by the due date to avoid further enforcement action being taken and the incurring of further cost.

There are three options to pay:-

Option 1

Direct_Debit_Logo.png  PAYMENT BY DIRECT DEBIT

Pay by direct debit through:

Bank: Bendigo Bank Beaufort
BSB: 633 000
A/c No: 118310697
A/c Name: Pyrenees Shire Council

Write your infringement number in the direct debit reference

Option 2

Envelope.png PAYMENT BY MAIL


Send cheque or money order to:

Pyrenees Shire Council 
5 Lawrence Street
Beaufort Vic 3373

Detach the payment slip on the front of the infringement notice and attach it to your cheque or money order.  Alternatively, write your infringement number on back of the cheque or money order.

Option 3

Personal_Payments_Logo.png PERSONAL PAYMENT TO COUNCIL


Present this notice to:

Customer Service Centre, Beaufort during office hours Monday – Friday 8.30am – 5.00pm (holidays excepted)

Mastercard_Visa_Logo.png  Credit Card accepted (Visa and MasterCard)

 

Eftpos_Logo.png  EFTPOS facilities available. 
Customer Service staff will issue an official receipt.

 


 

Unable to Pay? 

You may be eligible for a Payment Plan.

If you need help paying, you can apply for a payment plan under Section 46 of the Infringements Act 2006 or a payment arrangement under Part 5 of the Fines Reform Act 2014. 

A natural person, including a child, served with an infringement notice may apply to an enforcement agency for a payment plan to pay the infringement penalty and any penalty reminder notice fee in respect of the infringement offence to which the infringement notice relates.

To apply for a payment plan through Council download an ‘Application for Infringement Payment Plan’ form via this Link.  This form must be lodged to Pyrenees Shire Council by the payment due date otherwise the account will be forwarded to Council’s Deb Collection Agency.  Substantial fees may apply if this action is taken and are payable by the infringed.

Contact Fines Victoria for information on payment arrangements through Fines Victoria under Part 5 of the Fines Reform Act 2014.

Electing to have a matter heard and determined in Court

Instead of paying the infringement penalty, you can elect to have the matter of the infringement offence heard and determined in the Magistrates’ Court or in the Children’s Court, if applicable. 

To request a court hearing download a ‘Request A Court Hearing’ form via this Link.

If you are applying for a court hearing do not make any payment. 

We acknowledge the people past and present of the Wadawurrung, Dja Dja Wurrung, and Djab Wurrung tribes, whose land forms the Pyrenees Shire. We pay our respect to the customs, traditions and stewardship of the land by the elders and people of these tribes.

Page last updated: 4:45 PM, 23 April 2018
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