City of Casey reviews infringements under the Infringements Act 2006.
If you have received an infringement notice and are eligible to have it reviewed, you must submit a request in writing before the infringement due date.
You must ensure that you provide all required documentation before your infringement can be reviewed by Council’s Review Officer.
You should also consider how Council will assess your review:
- Council will accept written infringement review requests only.
- Your application must at minimum include your reason / “grounds” for wanting the infringement withdrawn, your postal address and the infringement number/s.
- Council will not withdraw applications if the reason for the review does not meet the acceptable circumstances for a review. A review of an infringement must meet the Exceptional or Special Circumstances criteria (see below list) to be considered.
- Your application must be addressed to the Infringement Review Officer. Councillors and the Mayor are unable to be involved in the infringement review process.
- Under the current legislation, you are only entitled to submit one application for internal review for each infringement. Requests for second reviews will not be permitted in accordance with legislation.
- Submit all supporting evidence with your infringement review application.
- 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.
- Please note it can take up to 90 days to respond to your appeal.
Applying for a review
Supplying supporting evidence
You must supply all your supporting evidence at the time you submit your infringement review application. 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.
Though not an exhaustive list, Council will consider the following types of evidence in support of a claim:
- 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.
- 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.
Council will not consider or withdraw infringements in the following circumstances:
- Cannot afford to pay the infringement
- Running late or appointments running overtime (including medical/hospital visits)
- Only stopping briefly 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'
- Weather conditions
Your application should also include your reason Council should withdraw the infringement – this is also known as your 'grounds for withdrawal'.
Before applying, you should carefully consider the grounds for withdrawal as detailed below.
Applying 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/s reviewed.
You will need to detail exactly what the exceptional circumstances were that caused you to commit the offence/s.
If you believe you did not commit the offence/s, you will need to supply supporting evidence.
Examples of Exceptional Circumstances include:
- A medical emergency or mechanical issue that prevented you from parking your vehicle legally
Applying 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.
Submitting your application - checklist
To have your infringement reviewed:
- Complete all relevant details
- Attach your evidence
- Submit your application before the due date
An Infringement Review Officer will assess your request and provide you with a written response within 90 days from date of receipt of your request.
If you cannot complete the form online, you can complete the hardcopy Infringement Review Application form and submit it via:
- email to [email protected]
What happens next?
Once we receive your request, the infringement will be put on hold and you will be emailed with an acknowledgement of your review application.
- 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 infringement amount.
- An Infringement Review Officer will assess your request and provide you with a written response within 90 days of receipt.
How to 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, 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, 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.