Requesting an infringement review
Council reviews infringements under the Infringements Act 2006.
If you have received an infringement notice and wish to have it reviewed, you need to submit a request in writing before the due date.
You need to ensure that you have all the information required before submitting your application for consideration.
You should also consider how Council will assess the review:
- Council cannot accept verbal requests.
- Your application must include your reason for wanting the fine withdrawn, your postal address and the infringement number/s.
- Your application must be addressed to the Compliance Officer. Councillors and the Mayor are unable to be involved in the infringement review process.
- You can only submit one review.
- Submit all your supporting evidence with your application.
How to apply for a review
Information on supplying supporting evidence
You need to supply all your supporting evidence at the time you submit your application. If you do not supply evidence, you will be asked to provide it to support your claim.
If you do not supply any evidence by the due date, we will assess your request without the evidence.
Evidence we will accept and consider with your claim includes:
- Medical report from a doctor or hospital outlining specific details. A medical certificate alone is not sufficient evidence.
- Detailed mechanical invoice, receipt or tow docket.
- Supporting letter from the doctor, social worker or community service provider.
- Anything else that supports your claim.
Your application should also include your reason why Council should withdraw the infringement – this is also known as your 'grounds for withdrawal'.
Before submitting a request, you should carefully consider the grounds for withdrawal as detailed below.
How to apply for exceptional circumstances
If you believe exceptional circumstances that were outside your control contributed to you committing an offence, you can apply to have the infringement reviewed.
You will need to detail exactly what the exceptional circumstances were that caused you to commit the offence.
If you believe you did not commit the offence, you will need to supply supporting evidence.
Examples of exceptional circumstances include:
- A medical emergency or mechanical issue that prevented you from stopping your vehicle legally.
Council does not withdraw infringements for the following circumstances:
- Running late or appointments running overtime (including medical/hospital visits)
- Only stopping for a short time/to drop off a passenger
- Not reading a sign
- Only reading part of a sign
- Being distracted
- Being unfamiliar with the area
- Not aware it was an offence
- Not knowing the road rules
- Not able to find other parking
- First offence/'clear driving record'
- Can't afford to pay the infringement
How to apply for special circumstances
If you were experiencing one of the following at the time of the offence, you can apply under special circumstances:
- A mental or intellectual disability, disorder, disease or illness
- A serious addiction to drugs, alcohol or volatile substance
- You or an immediate family member was experiencing family violence
To apply for a special circumstance review, you will need to provide evidence that you were experiencing one or more of the above:
- At the time of the offence; and
- How it contributed to you committing the offence.
How to nominate another driver
If you received an infringement but you weren't driving the vehicle at the time of the offence, you will need to nominate the driver.
To nominate another driver include their name, Australian postal address, drivers licence number and date of birth by using the Operator Owner Onus form.
How to submit your application
You will need to complete the Infringement Review Application form.
- Complete all your details
- Attach your evidence
- Submit your application before the due date.
Submit your application:
What happens next?
Once we receive your request, the infringement will be put on hold.
- You will need to make your request before the due date as stated on your infringement. If we receive your request later than the due date, extra costs will be added to your penalty.
- A Compliance Officer will assess your request and provide you with a written response within 90 days.
How to apply to have the matter heard at Court
If you are not happy with the outcome of your infringement review, you can apply to have the matter heard at the Magistrate's Court.
To apply to have the matter heard at Court:
- You need to submit your request in writing to Council before the due date of the infringement
- There are extra costs involved with taking an infringement to court
- You should consult legal advice before deciding.
Financial hardship or failing to pay your infringement
If you cannot afford to pay the infringement in full, you may apply for a payment plan to pay it off gradually. You will need to apply before the due date of your infringement.