Infringement Notice Internal Review Request

Special Circumstances may apply if you:

• Have a mental or intellectual condition or a serious addiction to drugs or alcohol that may mean you are unable to understand the offence or behaviour was against the law, or unable to control the behaviour that was against the law.
• If you were experiencing homelessness at the time of offence.
• If you were experiencing family violence which resulted in you being unable to control the behaviour which constitutes an offence.

Special circumstances must include evidence that supports the circumstances you are referencing, such as evidence from your medical practitioner, social worker and/or drug and alcohol counsellor which includes:

• the existence of the relevant condition; and
• a summary of the applicant’s circumstances; and
• the practitioner’s qualification, relationship and the period of engagement; and
• whether in the opinion of the practitioner, there is a connection between the circumstances and the applicant’s offending behaviour; and
• any other supporting evidence

This means that you believe you were not the person who committed the offence.

This refers to events which are unforeseeable and likely to be an unpredictable event or circumstance such as vehicle breakdown or medical emergency.

Please note that documentary evidence which supports this claim should be provided with your appeal, including time and date (this may include photos, medical certificates/reports or mechanical receipt/report).

An example of a circumstance that is not considered sufficient would be a pre-booked medical appointment that is delayed. Medical appointments are often known for running both over and behind time; it is always the responsibility of the driver to ensure they park legally and allow enough time for a circumstance such as this.

This ground of review means you believe you were not aware of the infringement notice being issued.

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

Note that this ground cannot be used if:

• The infringement notice was issued by personal service, for example hand delivered to you; or
• You have moved address and not notified VicRoads, Council or other authority as the case may be within 14 days of your change of address.

This means that you believe the infringement notice is not valid.

• Example (Parking Infringement): You believe that a timed parking area does not exist where you were fined.

• Example (Animal Infringement): Where you have received an infringement for failing to register a dog or cat, when you believe your pet is registered with the Monash Council.

The above examples are not exhaustive and therefore may involve various circumstances.

To substantiate a claim of contrary to law we may need you to provide additional evidence such as photos, documentation and/or official records.

Circumstances that are not ordinarily considered to satisfy the above grounds for review:

• Forgetting to apply for a Permit or Advising that a permit was believed to be applied for
• Being unaware that a Permit is required or which permit to apply for
• Working outside the Permitted Dates and Times
• Not Proactively taking steps to maintain a safe Worksite area throughout the day
• Being unaware of Permit conditions

Lodge Asset Protection infringement appeal

You must include the following information:

• Your name and address
• The infringement notice number
• The reasons why you believe we should review the infringement notice
• If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

If you do not wish to do it online, you can lodge your appeal via email, post or in person.

Please submit your request for an internal review in relation to your swimming pool or spa safety barrier infringement.

Circumstances that are not ordinarily considered to satisfy the above Grounds for Review are:

• Forgetting to register a swimming pool or spa
• Not being able to recall receiving a swimming pool or spa safety barrier registration notice
• Being unaware that swimming pool or spa registration was required
• Being unaware that your swimming pool or spa certificate of barrier compliance was required to be submitted to Council by the due date

Lodge swimming pool/spa infringement appeal

You must include the following information:

• Your name and address
• The infringement notice number
• The reasons why you believe we should review the infringement notice
• If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

If you do not wish to do it online, you can lodge your appeal via email, post or in person.

Circumstances that are not ordinarily considered to satisfy the above Grounds for Review on Animal matters

• Forgetting to register or renew an animal’s registration
• Not being able to recall receiving an animal renewal notice
• Being unaware that animal registration is required
• Advising that the animal was believed to be registered because it was registered with the microchip register or vet.

Lodge animal infringement appeal

You must include the following information:

• Your name and address
• The infringement notice number
• Animal registration number
• The reasons why you believe we should review the infringement notice
• If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

If you do not wish to do it online, you can lodge your appeal via email, post or in person.

Local Laws Infringements include:

• Fail to Comply with a Notice to Comply
• Fire Hazards
• Overgrown Nature Strips
• Overhanging and encroaching Vegetation
• Unsightly Properties

If you are unsure what type of infringement you have received, please contact Customer Service on 9518 3555.

Lodge your infringement appeal

You must include the following information:

• Your name and address
• The infringement notice number
• The reasons why you believe we should review the infringement notice
• If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

If you do not wish to do it online, you can lodge your appeal via email, post or in person.

Public Health Infringements include:

• Environmental Protection Act (EPA)
• Food Act
• Tobacco Act
• Wellbeing

Circumstances that are not ordinarily considered to satisfy the above Grounds for Review on Public Health matters

• Not being aware that your premises requires registration
• Not being able to recall receiving a renewal notice
• Forgetting to register your premises

Lodge Public Health infringement appeal

You must include the following information:

• Your name and address
• The infringement notice number
• The reasons why you believe we should review the infringement notice
• If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

If you do not wish to do it online, you can lodge your appeal via email, post or in person.