Building Act infringements

Review grounds for appeal

You can appeal your fine in certain circumstances. Please read below before applying for an internal review:

Exceptional circumstances 

Please provide details of the exceptional circumstances (where you have committed the offence due to unforeseen or unpreventable circumstances, (e.g. medical emergencies. Not knowing the law or forgetfulness are not exceptional circumstances) 

The fine was contrary to law

Please provide the reasons why you consider the decision to issue you with the infringement notice is unlawful (e.g. the Infringement was not valid).

The fine was a mistake

Please provide the reason why you believe there has been a case of mistaken identity (including evidence in support).

Special circumstances

Special circumstances include:

• a mental or intellectual disability, disorder, disease or illness
• a serious addiction to drugs, alcohol or a volatile substance
  homelessness, or
• family violence within the meaning of the Family Violence Protection Act 2008

You must provide evidence (e.g. letter, report, statement etc) from one of the following parties to support your application:

• a case worker, case manager or social worker
• a general practitioner, psychiatrist or psychologist, or
• an accredited drug treatment agency. Evidence (e.g. letter statement or a report) from your practitioner or case worker should include the following information

You will also need to provide:

• the practitioner/case worker’s qualification and relationship with you, including the period of engagement.
• the nature, severity and duration of your condition or your circumstances:

a) whether you were suffering from the relevant condition or circumstances at the time the offence was committed, and

b) whether, in the opinion of the practitioner/case worker, it is more likely than not that you could not understand or control your actions that constituted the offence.

Note: A Centrelink Medical Certificate on its own may not be adequate as it does not provide the above you were unaware of the fine.

Unaware of the fine

An application made on the ground of ‘person unaware’ must:

• be made within 14 days of you becoming aware of the infringement notice (you may provide evidence of the date you became aware of the infringement notice by executing a statutory declaration)
• state the grounds on which the decision should be reviewed, and
• provide your current address for service.

Penalty Reminder Notice Fee Waiver Request

Please provide the reason(s) why you believe the Penalty Reminder Notice Fee should be waived. Note: The original penalty amount is still applicable under this request.