Request a review of an infringement
When you can apply for a review
You can apply for us to conduct an internal review of our decision to issue the infringement (often called a 'fine') if you believe the decision:
- was contrary to law
- involved a mistake of identity
- that special circumstances apply
- you were unaware of the infringement. You are eligible to apply under this ground if:
- you were not personally served the fine, or
- you make the application within 14 days of becoming aware of the fine and you updated your authorised address within 14 days of changing your address.
- if there are other exceptional circumstances.
Special circumstances might be:
- a mental or intellectual disability, disorder, disease or illness
- a serious addiction to drugs, alcohol or other intoxicating substance,
- homelessness; or
- family violence.
Apply for an internal review online
Print a form to apply
You can send the completed form to us by email, mail, or in-person.
What happens after you apply
We have 90 days to review your application, however it may take longer if we need more information from you.
- uphold the decision to issue the infringement
- withdraw the infringement
- issue an official warning
- refer the matter to the Magistrates’ Court of Victoria.
We will contact you in writing to let you know of the decision.
Ask to have the matter reviewed by the Court
If you receive an infringement you are entitled to ask that the alleged offence be determined by a Court.
Infringements can be filed with the Magistrates’ Court (or the Children’s Court if you are under 18 years old). You will receive a summons that tells you the date and time that the charge will be heard: this can be called a 'charge sheet' or a 'hearing notice'.
If you do not go to Court, the Court may decide the case and make Court orders in your absence.
If the infringement is referred to a Court, the Magistrate will make a decision whether the offence is proven. If the offence is proven, the Magistrate will decide on a penalty.
If you are found guilty of the offence, the Magistrate may:
- sentence you to a fine that is more or less than the original infringement penalty
- record a conviction
- dismiss or discharge the charge
- make a community corrections order
- adjourn the case.
You should obtain legal advice prior to attending court.
How to elect to go to Court
You must elect to go to Court in writing.
You can either
- post your correspondence to Infringements Review, Cardinia Shire Council, PO Box 7 Pakenham 3810
- email email@example.com
In your letter or email, you must provide an address where Court documents can be served on you.