I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Review of Infringements – Fines Victoria
Under section 22(1)(a)(c) of the Infringements Act 2006, a person can apply for internal review of an infringement by Fines Victoria on one or more of five grounds. This article outlines the grounds on which a person can seek internal review of an infringement.
Types of infringements
Infringements that may be the subject of internal review by Fines Victoria may be imposed for offences under more than 60 acts. The offences that most commonly result in infringements are traffic, parking and transport-related offences.
Grounds for internal review of infringements
Section 22 of the act specifies that a person can seek internal review of an infringement because:
- they believe that the infringement was contrary to law;
- there was a mistake of identity;
- special circumstances apply to the person;
- the conduct that gave rise to the infringement should be excused in the circumstances;
- the person was unaware that the notice had been served.
Whilst there is no strict definition as to what constitutes special circumstances, it is accepted that a review that involves exceptional circumstances will establish circumstances that are out of the ordinary, unavoidable or unexpected.
Contrary to Law
Under section 22(1)(a)(i) of the Infringements Act 2006, an application for internal review of an infringement is available if you believe that the enforcement agency’s decision to issue the infringement was inconsistent with the law.
Should an individual or corporation apply for a review of an infringement on this ground, the Director is likely to consider the following:
- Whether the authorised personnel were authorised by law to issue the infringement,
- Whether the authorised personnel made a mistake or acted improperly or unfairly,
- Whether the enforcement agency has complied with its obligations pursuant to law, and
- Whether other circumstances exist which would conclude the infringement was unlawful, unfair, improper or outside of the personnel’s authority.
Pursuant to section 22(1)(a)(ii) of the Infringements Act 2006, an application for internal review of an infringement is available if you believe that the infringement was issued to you in error, on the ground of mistaken identity.
In support of any application made for a review on the basis of mistaken identity, one should include evidence that provides confirmation as to their identity. This should include documents such as birth certificates, passport or one’s driver licence.
Pursuant to section 22(1)(a)(d) of the Infringements Act 2006, a person may request an internal review on the basis that they were unaware of the infringement having been served and service of the infringement did not occur by way of personal service. Most importantly, an application on the ground of ‘person unaware’ must be made within 14 days of a person becoming aware of the infringement and must be accompanied by a written statement setting out the grounds on which the infringement should be reviewed.
In the event a decision is made to grant the application on the basis that a person was unaware, then the person must within 21 days of receiving the notice either:
- Pay the infringement penalty;
- Apply to the enforcement agency for a payment plan;
- Nominate another person as being the responsible person for the incurring of the infringement notice;
- Apply for a review of the decision in accordance with section 22 of the Infringements Act 2006;
- Elect to have the matter determined in court; or
- Apply for a work and development permit.
Should you require further assistance then seek urgent legal advice without hesitation. You can call our office to discuss your case with one of our solicitors today.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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