The Infringements Act 2006 provides that in certain circumstances a person issued with an infringement notice, or someone acting on their behalf, may apply for an internal review of the decision to serve the notice. Please see the application form below.
Where a person’s request for a review is on financial grounds Council must also consider the option of a payment plan.
Council offers an extension of time to make payment as its payment plan – payment by installments is not an available option.
On what grounds can I request a review?
Current legislation provides the following five categories to choose from as reason to request a review.
- Contrary to law:
You believe the infringement issued to you was unlawful or not valid.
- Exceptional circumstances:
There were unpreventable or unforeseen circumstances outside of your control that could excuse your conduct. For example, a medical emergency.
- Mistaken identity:
You believe the fine was issued to the incorrect person or vehicle. For example, you weren’t in the alleged location.
- Special circumstances:
To rely on this category you must be able to demonstrate that the special circumstances resulted in the offending.
- a mental or intellectual disability, disorder, disease or illness
- a serious addiction to drugs, alcohol or a volatile substance
- family violence
- Person unaware:
If you did not receive the infringement and have only just become aware of it you may be able to request a review. Applications under this ground must be received by Council within 14 days of you becoming aware of the infringement.
You will be automatically entitled to a payment plan if you are in receipt of one of the following:
- A Commonwealth Government (Centrelink) Pensioner Concession Card;
- A Department of Veterans’ Affairs Pensioner Card or Gold Card; or
- A Centrelink Health Care Card.
Council may also consider offering you a payment plan if you can show that you are experiencing unavoidable hardship, such as a sudden loss of employment, a large unexpected expense on an essential item, sudden long term illness, or similar circumstances which prevent you from being able to pay the infringement within the prescribed time.
Please note that Council does not offer a payment plan by way of regular installments, instead Council will allow an extension of time in which to make payment.
How to apply for a review
Your request for a review MUST be in writing and should include:
- The grounds on which the decision should be reviewed;
- Any information or supporting documents to substantiate your application for review (e.g. medical documents; towing receipts; proof of financial hardship etc.)
Request for an Internal Review of an Infringement Notice - Application Form (pdf, 567KB)
Please complete the above application form and return:
- in person to Monash Council at 293 Springvale Road, Glen Waverley 3150, or Oakleigh Service Centre, 53 Atherton Road, Oakleigh;
- by mail to The Infringement Review Officer, City of Monash, PO Box 1 Glen Waverley VIC 3150 or,
- alternatively return by email to email@example.com.
Please note that only one review can be conducted for each infringement.
What happens next?
As soon as your request is received by Council, the enforcement process will be put on hold meaning no further enforcement action will be taken by Council until it has made a decision on the contents of your request.
Council will consider your application for review based on the information that you have provided. If Council requires you to clarify something or provide further information, Council will request this from you in writing. A review will take no longer than 90 days, which is the period provided in the Infringements Act, although it will usually take considerably less time than this.
If your application is successful any additional costs that have been added to the infringement will be withdrawn. You will be put back in the same position as you would have been if you were aware of the infringement when it was initially issued.
All other grounds
At the completion of the review Council will forward a letter to you informing you of its decision which will be either:
- Confirm the decision to serve the infringement notice;
- Withdraw the infringement notice and issue an official warning;
- Withdraw the infringement notice with no further action;
- Withdraw the infringement notice and refer the matter to Court;
- Approve a payment plan;
- Waive all or any prescribed costs; or
- Any combination of the above.