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City of Casey reviews infringements under the Infringements Act 2006, and by law, you can request one internal review of your fine. All review requests must be lodged in writing before the infringement due date.
Please read the below information carefully before submitting your review application, as second reviews are not permitted should you complete your review incorrectly.
To have an infringement notice reviewed, you must satisfy one of these circumstances:
- Special circumstances
- Exceptional circumstances
- Mistaken identity/nomination statement
- Person unaware
Special circumstances apply if, at the time of the offence, you were affected by one of the following.
- Family violence. You or an immediate family member was experiencing family violence (which results in you being unable to control conduct which constitutes an offence)
- A mental or intellectual condition, or a serious addiction to drugs or alcohol. This makes the claim that you couldn’t control the behaviour that was against the law.
To substantiate a claim of special circumstances, City of Casey requires supporting evidence that links your circumstances to the infringement notice.
Evidence from the following parties can be accepted. Please note that providing false or misleading documents will result in the review being automatically rejected.
- A general practitioner, psychiatrist or psychologist. This may be medical report or letter from a treating physician or hospital outlining specific details of serious illness or medical emergency.
- A social worker. This may be a supporting letter from psychologist/psychiatrist, social worker, outreach organisation or community service provider.
- A drug and alcohol counsellor. This may be a supporting letter from counsellor.
Exceptional circumstances are events that were unforeseeable. Please provide details of the exceptional circumstances where you have committed the offence due to unforeseen or unpreventable circumstances for example:
- A medical emergency
- Temporarily parking a damaged vehicle, directly following involvement in an accident
- Mechanical breakdown.
To substantiate a claim of Exceptional Circumstances, City of Casey requires evidence that supports the exceptional circumstance, including its time and date.
Examples of satisfactory evidence include, but are not limited to the below.
- Medical report or letter from a treating physician or hospital outlining specific details of serious illness or medical emergency.
- A detailed mechanical repair invoice, receipt for repair parts or goods or tow docket (detailing the work performed, date and time)
- A supporting letter from psychologist/psychiatrist, social worker, outreach organisation or community service provider.
- Visual proof such as photographs, security camera or other video footage.
- Statutory declaration from you or witnesses.
- Any other information or evidence that supports your claim.
Providing false or misleading documents will result in the review being automatically rejected.
Mistaken identity/nomination statement
This means that you weren’t the person who committed the offence. For example, you were not the driver who committed the parking offence (the car was stolen or driven by someone else), or your registration number was recorded incorrectly.
If you are claiming mistaken identity in relation to a parking offence, you will need to:
- complete the nomination statement if the offence was committed by another driver.
- provide a copy of your car registration certificate if the wrong registration number was recorded.
- provide a copy of your car registration certificate.
- provide a copy of the police report if your car was stolen.
Providing false or misleading documents will result in the infringement being upheld.
This means that you were not aware that you had an infringement notice.
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 evidence the date that 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.
- You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.
- We will not withdraw your infringement under this ground. We will only consider waiving additional costs that may have been incurred.
- Providing false or misleading documents will result in the infringement being upheld.
Reasons that don't qualify for a review
There are several circumstances that are not considered grounds for review. Please read this list before requesting a review.
For parking infringements
- cannot afford to pay the infringement
- not seeing or misreading a parking sign
- weather conditions
- being new to or unfamiliar with the City of Casey or a particular road rule
- being delayed at an appointment, meeting or being in a hurry
- being unable to find anywhere else to park
- moving your vehicle from one parking space directly to another between the same parking signs
- parking for a very short time
- not displaying a valid parking permit (for example an expired permit)
- displaying a parking permit incorrectly (e.g. facedown or blown off the dashboard)
- leaving the vehicle because you, or a passenger, needed to use the toilet.
- leaving the vehicle to get change or running out of change
- stopping to let a passenger in or out, or to make a quick delivery
- stopping to answer your mobile phone
- running late to drop your children at school
- a school area being so busy you could not park legally
- running out of petrol or experiencing vehicle issues that did not need repair or towing
- being unaware of which vehicles can use Loading or Permit Zones
- incorrectly displaying a dual-registration or transferable parking permit.
- being unaware of the act being a parking offense
- first offense, “clear driving record”
For animal infringements
- cannot afford to pay the infringement
- forgetting to register or renew an animal's registration
- not being able to recall receiving your animal renewal
- being unaware that animal registration was required
- being told by a third party that you did not have to register your animal
- your property was inadequately secured and your animal escaped
- believing that because an animal is registered with a microchipping company it is also registered with Council.
Penalty reminder fee waiver request
Through the review application form, you are able to provide the reason(s) why you believe the additional reminder fees should be waived. The original penalty amount is still applicable under this request.
Applying for a review
To have your infringement reviewed, you must:
- Complete all relevant details in the application form
- Attach and supply all your supporting evidence at the time you submit your review application.
- Submit your application before the infringement due date.
If you wish to have multiple infringements reviewed, you will need to submit a separate review application for each infringement.
If you do not supply evidence, Council will ask you to provide further information and evidence to support your claim. Your request will progress more quickly if you do. If you fail to supply any evidence by the due date, the Review Officer will assess your application based on the available evidence at the time of review.
All requests for review must be made in writing and include the following information:
- your name and address (we will respond in writing to the address provided). If providing a P.O. Box a residential address will also be required.
- the infringement notice number
- the vehicle registration number (where applicable)
- an explanation of why you believe the infringement notice should be reviewed
- any supporting documentation
- If your name is not on the infringement, you will need to gain consent from the person or company whose name is on the infringement. This can be done by completing a nomination statement or providing written consent from the registered owner of the vehicle.
The review request must meet the exceptional or special circumstances criteria to be considered.
Other ways to request a review
If you cannot complete the form online, you can complete the downloadable Infringement Review Application form and submit it via:
- email to [email protected]
- post to PO Box 1000 Narre Warren, Victoria 3805
Please note: The Mayor and Councillors are unable to have any involvement in Council’s administrative functions and are unable to respond to requests for review of infringement notices.
What happens next
Once we receive your request, the infringement will be put on hold and you will be emailed with an acknowledgment of your review application.
In accordance with the Infringement Act 2006, an Infringement Review Officer will then assess your request and provide you with a written outcome within 90 days from date of receipt of your request.
If we receive your request later than the due date, extra costs will be added to your infringement amount.
Apply for a payment plan or extension
If you cannot afford to pay the infringement in full, you may apply for a payment plan to pay it off gradually, or request additional time in which to pay. You will need to apply before the due date of your infringement to avoid incurring further penalty costs
Apply to have the matter heard at Court
If you are not satisfied with the outcome of your infringement review, or would prefer to have the matter dealt with directly by a Magistrate without seeking a review (still must be requested before the infringement due date), you can apply to have the matter heard at the Magistrate's Court.
Taking an infringement to court incurs extra costs. Legal advice should be considered before making an application.