Infringements

Infringement Notice - Frequently Asked Questions

Why have I received a fine or infringement notice?

An infringement notice or fine has been issued to you in relation to an alleged offence.

What do I do now?

You need to pay the amount owing before the due date on the notice or take one of the options in the Your Options section below before the due date.

How much do I have to pay?

The amount you have to pay is on the front of your infringement notice.

How do I pay?

For information on how to pay, see the How to Pay section.

What is the due date?

The due date is on the front of the infringement notice and is 28 days from the date the notice was issued.

What is the due date?

The due date is on the front of the infringement notice and is 28 days from the date the notice was issued.

What happens if I cannot pay in time?

You can request a payment plan. Please contact Council to discuss payment plan options.

What happens if I do not agree with the infringement notice?

You can request an internal review or request a Court hearing before the due date. Please see the Your Options section below, by the due date.

What will happen if I do not pay or take any action by the due date?

If you do not pay or take any action, a Penalty Reminder Notice will be issued, and you will have to pay more costs.
 

Penalty Reminder Notice - Frequently Asked Questions

Why have I received a Penalty Reminder Notice?

You have failed to pay the Infringement Notice by the due date and a Penalty Reminder Notice has been issued.

Why are there added costs?

Costs are added in accordance with Section 29 of the Infringements Act 2006.

What do I do now?

You need to pay the original Infringement Notice and the Penalty Reminder Notice fees by the due date or take one of the options in the Your Options section below, by the due date.

How much do I have to pay?

The amount you have to pay is on the front of the penalty reminder notice.

How do I pay?

For information on how to pay, see the How to Pay section.

What is the due date?

The due date is on the front of the penalty reminder notice and is 21 days from the date the notice was issued.

What will happen if I do not pay or take any action by the due date?

If you do not pay or take one of the actions in the Your Options section below, a Notice of Final Demand will be issued, and further costs may be incurred.
 

Notice of Final Demand - Frequently Asked Questions

 

Why have I received a Notice of Final Demand?

You have failed to pay the Infringement Notice and Penalty Reminder Notice by the due date.

What do I do now?

You need to pay the amount outstanding by the due date or take one of the options in the Your Options section below, by the due date.

How much do I have to pay?

The amount you have to pay is on the front of the final demand notice.

How do I pay?

For information on how to pay, see the How to Pay section.

What is the due date?

The due date is on the front of the final demand notice and is 14 days from the date the notice was issued.

What is the due date?

The case will proceed to the Magistrates Court. Further costs and penalties may be incurred.
 

Your Options

Pay

Pay in full by the due date to avoid added fees and enforcement action. Please refer to the How to Pay section on your infringement notice for more information.

Request a payment plan

You may be eligible for a payment plan under Section 46 of the Infringements Act 2006 or an extension of time.  Please contact Council to discuss payment plan options.

Request an internal review

If you believe you have cause, you can apply for an internal review to our Local Laws team. Please refer to Internal Review section for more information.

Request a court hearing

You may apply to have your matter heard and determined in the Magistrates Court. Please contact Council to Request a Court Hearing.

 

How to pay

You can pay an Infringement Notice fine using any of these options:

IN PERSON

Present the Notice at: Council Office, 2-6 Churchill Ave, Bright 9am and 5pm Monday to Friday OR Council Customer Service Centres in Myrtleford or Mount Beauty During Library hours

BY PHONE

Call 03 5755 0555 to pay by Visa or Mastercard

BY POST

Send a cheque or money order with the Notice to: Alpine Shire Council PO Box 139 BRIGHT VIC 3741

You can also apply to pay by instalments or request an extension of time to pay.

 

Internal Review

If you have received an Infringement Notice, Penalty Reminder Notice or Notice of Final Demand, you can apply to have your infringement reviewed by Alpine Shire Council. This is called an internal review. Further information on internal reviews is available at Fines Victoria - Request a review

Who can apply for an internal review?

A natural person

A person who received the infringement notice can apply to Council for an internal review of the decision to serve the infringement notice or authorise another person to apply on their behalf

A body corporate

Authorised representatives of a body corporate can apply for internal review in relation to a fine issued in the name of the body corporate.

Authorised third party

An authorised third party must be over 18 years of age and could be a family member, a friend, or support worker.

If the third party is a lawyer or power of attorney or has other court ordered arrangements they do not need to be authorised.

On what grounds can I request an internal review?

You can request an internal review on the following grounds:

Contrary to Law

You believe that the fine is invalid or inconsistent with the law.

For example, you may believe that timed parking restrictions do not apply to the area that you parked in, or an officer acted unlawfully or outside their authority.

To substantiate a contrary to law claim you need to provide additional evidence:

  • a statutory declaration
  • photos (eg. a photo of the parking sign or lack thereof.

Exceptional Circumstances

An event that was unforeseeable and outside of your control occurred that could excuse your conduct, for example:

  • a medical emergency
  • temporarily parking a damaged vehicle, directly following involvement in an accident
  • mechanical breakdown
  • financial hardship (eg. bankruptcy or insolvency).

To substantiate an exceptional circumstances claim you need to provide documentation that supports the exceptional circumstance, including its time and date including:

medical evidence from your medical practitioner/s

invoices or receipts (eg. a receipt from a tow truck company)

  • a statutory declaration
  • witness statements
  • photos
  • travel documentation
  • police statements or records
  • proof of bankruptcy or insolvency.

Mistaken Identity

You were not the person who committed the offence. For example, you are not the driver who committed the parking offence (the car was stolen or driven by someone else), or your registration number was recorded incorrectly.

To substantiate a mistaken identity claim in relation to a parking offence, you need to provide documentations that supports your claim including:

  • a statutory declaration that states the offence was committed by another driver
  • a copy of your car registration certificate if the wrong registration number was recorded
  • a copy of your car registration certificate
  • a copy of the police report if your car was stolen

Unaware of Notice

You claim you were not aware that you had a fine. Reasons may include:

  • you were in another location (due to being overseas or having moved house)
  • your mail was stolen
  • other situations preventing you from knowing about the fine.

You must make an appeal within 14 days of becoming aware of the infringement notice.

You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.

A successful appeal under these grounds will allow for further time to deal with the fine (which may include further review under any of the grounds above or taking any other action available upon the issue of a fine).

We will not withdraw your fine under this ground. We will only consider waiving additional costs that may have been incurred.

To substantiate an Unaware of Notice claim you need to provide documentation that supports your circumstance, such as:

  • copies of date-stamped passports
  • boarding passes
  • removalist invoices
  • mail theft reports made to Victoria Police. Further information is available at Fines Victoria - Didn't know about your fine

Special Circumstances

You may be eligible for a review based on special circumstances if you were experiencing one of the following:

  • Mental or intellectual disability or illness: if the condition impacted your capacity to comprehend or control the behaviour constituting the offence.
  • Serious addiction to drugs, alcohol, or a volatile substance: if your addiction significantly reduced your ability to understand or control the conduct constituting the offence.
  • Homelessness: if the homelessness contributed to a significantly reduced capacity to control the behaviour constituting the offence.
  • Family violence: if due to family violence, you experienced a significantly reduced capacity to control the behaviours constituting the offence. If family violence contributed to you receiving the fine, the Fines Victoria Family Violence Scheme may apply to you.
  • Long term circumstances: This sub-group of special circumstances excludes financial circumstances and relates to circumstances which are particularly disabling or incapacitating in nature and result in you being unable to pay or otherwise deal with the fine.

To substantiate a special circumstances claim you need to provide evidence that links your circumstances to the fine from a:

  • medical practitioner or other professional
  • social worker
  • drug and alcohol counsellor
  • Victoria Police officer (a police report of family violence)
  • a court order (family violence intervention order).

Further information is available at Fines Victoria - Special Circumstances

Infringement fines that cannot be internally reviewed

A body corporate cannot apply for internal review on the ground of special circumstances because those circumstances can only affect natural persons.

How do I make an application for internal review?

Complete Infringement Internal Review Application Form

To apply for an internal review; you will need to complete an Application for Review of an Infringement Notice Form

Note: You must provide evidence to support your application. It is important you provide your current address and contact details so we can contact you about your application if required. Please complete all required fields or your application will be invalid.

Give completed form to Council

You, or a person you have authorised to act on your behalf, can send the completed form and supporting evidence to Council via post or email or drop the form into the Council office.

BY POST Alpine Shire Council PO Box 139 BRIGHT VIC 3741

BY EMAIL info@alpineshire.vic.gov.au

IN PERSON Present between 9am and 5pm Monday to Friday Council Office, 2-6 Churchill Ave, Bright

How long do I have to apply for an internal review?

You can lodge and application for internal review any time after the infringement date and before the infringement is registered with Fines Victoria Fees will apply if your application for internal review is lodged after 28 days after the infringement date

What happens after I apply?

Most internal reviews will be completed within a few weeks; however, the process may take up to 90 days or longer.

When undertaking an internal review of an infringement fine, Council considers all information available to it, including:

  • information collected by the officer who issued the fine, which may include photographs
  • circumstances and any supporting documents provided in your application or by third parties
  • requirements under the relevant legislation (for example, Road Safety Road Rules 2009, Environment Protection Act 1970, or Infringements Act 2006)

You will be notified of the outcome in writing to the postal address you provide.

 

What happens if further information is required?

If insufficient information is provided with your application for internal review, Council may request further information from you before reviewing your fine. You must submit the additional information within 28 days of the date of request.

If the additional information is not received by the specified date, Council will make a decision based on the information available.

What are the possible outcomes of an internal review?

Council will look at all of the information you have provided and make a decision. Council can decide to:

· withdraw the fine and take no further action against you

· withdraw the fine and issue an official warning instead

· refer the matter to the Magistrates' Court (or the Children's Court if you are under 18)

· waive or vary any fees associated with the fine

· waive or vary any additional steps imposed by the fine

· approve a payment arrangement or

· confirm the decision to issue you with the fine.

Once Council has made a decision, you will receive a notice in the mail to confirm the outcome of the internal review.

What do I need to do if the outcome is that I still have to pay?

You will receive a notice that says:

· how much you need to pay and

· the due date of the payment.

You must pay by the due date or ask to go to the Magistrates Court.

If you do not pay the fine or take any other action (for example, request a payment extension or elect to have the matter heard at court) by the new due date, the fine will continue through the infringements process and you will incur additional costs. This process is set out in the Infringements Act 2006

If you are unable to make the payment in full before the new due date Council may consider a request for a payment plan.

How can I have the matter heard in court?

If you want to have your matter dealt with in the Magistrates’ Court, you need to notify Council in writing addressed to the Infringements Review Officer by

BY POST Alpine Shire Council PO Box 139 BRIGHT VIC 3741

BY EMAIL info@alpineshire.vic.gov.au

Additional costs may be incurred if the matter is referred to court.

What happens if I do not pay?

Fines do not just go away. If you ignore a fine, it will become more serious and costly as it escalates to Court and/or the Sheriff. Contact Council to discuss your options.

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