When can you request a review?
If you've received an Infringement Notice or Penalty Reminder Notice, you can apply to have your fine reviewed by Council. This is called an Internal Review.
You’re allowed only one Internal Review per Infringement Notice, unless you’re applying for an internal review that has been granted on the ground of person unaware (see below for more information on this ground for review).
You can’t apply for an internal review if:
- you have paid your fine
- your fine was imposed by a court
- if the infringement has been lodged with Fines Victoria (you will need to contact Fines Victoria).
The following reasons will be considered for review:
1. Contrary to Law
The infringement has not been issued in accordance with the law, for example timed parking restrictions do not apply to the area that the vehicle was parked in; or the officer who issued the fine acted unlawfully, improperly or outside their authority.
Applications made on this ground should (where appropriate) be accompanied with supporting evidence. This may include photographs of parking signage, witness statements or other evidence to goes to establishing facts.
2. Mistake of identity
The mistake of identity ground is where a person claims that they were not the person who committed the infringement offence.
For example:
- they are not the person named on the infringement notice
- they were not in the location at the time of the offence and therefore could not have committed the offence
- they have had their identity stolen.
3. Special Circumstances
These circumstances are very specific and you can only apply if you can 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, 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, AND
the condition or circumstances contributed to you having a significantly reduced capacity:
- to control your conduct (for all of the above sub-grounds) or
- to understand your conduct (for the mental illness or intellectual disability, or substance addiction sub-grounds)
You must provide evidence from a practitioner or agency who is familiar with your circumstances.
Depending on your circumstances, this may be your: doctor or medical specialist, psychiatrist or psychologist, social worker or case worker, accredited drug treatment agency or drug counsellor, recognised health, support or welfare agency (for example, the Salvation Army).
Evidence may include, reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices.
Your practitioner or agency report should include:
- your practitioner's qualifications
- your practitioner's relationship with you and how long they have known you
- an explanation of your circumstances, including its nature, severity, duration, and impact on your life
- the link between your circumstances and your offending behaviour.
4. Exceptional Circumstances
This is intended to apply to one-off circumstances and will be reviewed on a case-by-case basis.
The category is designed to include circumstances where the applicant has enough awareness and self-control to be liable for their conduct but has a good excuse for that conduct.
5. Unaware you had been issued an infringement notice
You can request a review if the following applies:
- you found out about the fine within the last 14 days
- the fine was not personally given to you by an officer.
How to request a review
Applications for review must be in writing – Council cannot accept verbal requests.
To request a review, you must complete the Internal Review Infringement Application form.pdf(PDF, 368KB) and return it to the Council in person or email at:
Civic Centre
Corner Lyttleton Street and Lloyd Street,
Castlemaine VIC 3450
Email: info@mountalxander.vic.gov.au
Note: It’s important that you provide your most current address and contact details so that we can contact you about your application if required.
What happens after you apply?
Council will review your request within 90 days of receiving your application based on the information and evidence you provide to support your claim. It may take longer if you’re asked to provide additional information.
If you don’t respond to the request for additional information, your application may be reviewed based on the information available.
While you wait for your infringement to be reviewed, it will not progress, and further fees will not be added.
Once a decision has been made, you’ll receive notice of the outcome in the mail with details of the payment required, if applicable.