This article was written by Adam Elbob - Associate - Werribee
Adam Elbob holds a Bachelor of Laws and Bachelor of Arts with a major in criminology and a minor in policy studies. He completed his Practical Legal Training at the College of Law. Adam is admitted to practise law in the Supreme Court of Victoria and the High Court of Australia. Adam brings with him an array of experience in...
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.
Special circumstances
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.
Mistaken Identity
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.
Person Unaware
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.