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Applications for internal review of infringements

A person who has been served with an infringement notice (or a person acting on behalf with the first-mentioned person's consent) may apply in writing for an internal review, clearly stating the grounds on which the decision should be reviewed if the person believes—

(a) the decision—

(i) was contrary to law; or

(ii) involved a mistake of identity; or

(b) that special circumstances apply to the person, unless—

(i) the special circumstance referred to in the application is family violence; and

(ii) the person has made an FVS application; or

(c) the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence; or

(d) that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service and must be made within 14 days of applicant first becoming aware of the infringement. Note: Legislation prescribes that the enforcement agency cannot consider an application where the applicant has not updated their authorised address with the relevant authorities within 14 days of changing address.  

Where an application for review is received on grounds specified in (a), (b) or (c), we will review the decision to serve an infringement notice on the person and suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until the review is complete and the applicant is sent advice of the outcome.

An application for internal review may only be made once in relation to any one infringement offence in respect of the applicant. 

Apply for a review using the links on the right-hand side of this page.

Review outcome options

After reviewing an appeal council may:

  • Confirm the decision to serve an infringement notice and proceed with enforcement
  • Withdraw the infringement notice and serve an official warning in place of the infringement notice
  • Withdraw the infringement notice
  • Withdraw the infringement notice and refer the matter to the Court
  • Waive all or any penalty reminder notice fees
  • Approve a payment plan.

In the event of your application for internal review being unsuccessful, and to avoid additional Statutory Court costs, one of the following actions must be taken by the due date specified on the notice.

  • Payment must be made via one of the payment options available
  • Apply for a payment plan; email info@kingston.vic.gov.au quoting your infringement number and an application will be sent out
  • Elect to have the matter heard in Court (Magistrates’ or Children’s Court as applicable)
  • If you are eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit on your behalf.  For further information contact WDP Operational Team at wdp@justice.vic.gov.au or telephone 1300 323 483.

Grounds for appeal – further explanation of Special Circumstances

If you were homeless, had a serious drug or alcohol addiction, had a mental or intellectual condition or were experiencing family violence at the time you received a fine, you may be able to claim special circumstances.

The term 'special circumstances' is defined in the Fines Reform and Infringements Acts.

Special circumstances may apply to you if at the time you got a fine:

  • you had a mental or intellectual condition, or a serious addiction to drugs or alcohol, that meant you either:
    • didn’t understand that the behaviour was against the law
    • Couldn’t control the behaviour that was against the law.
  • you were homeless and your homelessness meant that you couldn't control the behaviour that was against the law
  • You were a victim of family violence and that meant that you couldn't control the behaviour that was against the law.

Homelessness can include staying in crisis accommodation, living in transitional housing or sleeping rough.

Family violence can include abusive or threatening behaviour by a person towards a family member, as explained in the Family Violence Protection Act 2008.

Please note that not understanding the road rules does not satisfy the special circumstances provisions in the legislation. Drivers are expected to understand the road rules as a condition of their driver licence.