What is an infringement?
Infringement notices, more commonly known as fines, are penalties for minor offences. Council has a statutory and community responsibility to enforce certain legislation within the municipality, which may result in an infringement being issued to an alleged offender for breaches against legislation.
If you receive an infringement notice, you have three options:
Option 1 - Pay the infringement notice in full
Option 2 - Write a letter of appeal to Council for an internal review
Option 3 - Elect to have the matter heard in court
Payment
Payment must be made before the expiry date on the infringement notice or additional costs will be incurred.
If you have received a penalty reminder notice, payment (including additional costs) must be made before the expiry date on the penalty reminder notice or further legal action will be taken.
How to pay
Payment of infringement notices can be made at our Cobram or Yarrawonga Service Centre or by mail to PO 578, Cobram VIC 3643.
Appealing an infringement notice
If you have received an Infringement Notice or Penalty Reminder Notice, you have the right to request a review. The Infringements Act 2006 allows you to make only one application for internal review. This means that you need to provide all of the relevant information and any supporting documentation to Moira Shire Council when requesting a review.
You can request an internal review of your fine on one of the following grounds:
Person unaware: you did not know about the fine
You can request a review under this ground if all of the following apply:
- you found out about the fine within the last 14 days
- the fine was not personally given to you by an officer, and
- the fine was not for a traffic offence
Contrary to law: the fine is invalid or was improperly issued to you
Please provide the reasons why you consider the decision to issue you with an infringement was unlawful (for example, the infringement was not valid).
Mistake of identity: the fine was issued to the wrong person
You can request a review under this ground if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim. For example, someone provided your licence or gave your details, or you have the same name as another person or family member and the wrong person received the fine.
Exceptional circumstances: the offence occurred due to an extraordinary or unavoidable situation
You should only select this ground if you can show that the offence occurred due to circumstances that were out of the ordinary, unavoidable, or exceptional – such as a medical emergency or a vehicle breakdown.
Special circumstances: you have serious personal issues, disorders or difficulties
These circumstances are very specific. You should only select this ground if you committed the offence and can show that at the time of the offence you:
- had a mental or intellectual disability, disorder, disease or illness
- had a serious addiction to drugs, alcohol or a volatile substance
- were homeless
- were a victim of family violence, or
- you cannot deal with your fine because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence.
The Family Violence Scheme
If you have been impacted by family violence, the Family Violence Scheme is an option to help victim survivors deal with fines if there is a link between the family violence and their fines.
Further information on requesting an Internal Review can be found on the Fines Victoria website
After you apply for an Internal Review
After you have completed and submitted your application, your fine will be placed on hold and no further fees will be added.
We will review your request within 90 days of receiving your application. Your application for internal review will be assessed based on the information and evidence provided to support your claims.
Once a decision has been made, you will receive notice of the outcome by post.
If your application is successful, depending on the grounds you applied under we may proceed in one of the following way:
- 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're under 18)
- waive or vary any fees associated with the fine
- waive or vary any additional steps imposed by the fine
If the application is not successful, you will receive a notice by mail to confirm:
- the decision to issue you with the fine
- how much you need to pay
- when you need to pay it by
- any other options available to you (Payment Plan)
If your application is not successful, you can apply to have your matter heard in the Magistrates' Court
How to apply for an Internal Review
To apply for an internal review please download the Application for an Internal Review(PDF, 293KB), explaining your reasoning for why the fine should be withdrawn.
Whilst the review process is underway, the infringement will be place on hold until an outcome has been decided. If insufficient information is provided, we may contact you for additional details before reviewing your infringement notice. If this information is not received by the specified date, a decision will be made based on the information at hand.
Please note that pursuant to the Infringements Act 2006, it is an offence to provide false or misleading information. Council may take further legal action if Council has reason to believe this has occurred.
For further information on the review process please visit Justice and Community Safety Website Internal Review Guidelines
Determination by a Court
Should you wish to have the matter heard before a Magistrate in the Magistrate's Court, you may apply for action by Court in writing. Please note that additional costs will be incurred if the matter is referred to court.
If you don't pay
Ignoring your infringement can lead to court action or result in your fine being sent to the Department of Justice, which has the power to suspend driving licences until the fine is paid. Overdue infringements are escalated as per the Infringements Act 2006. Each stage adds further costs to the fine.
Stage 1 - 21 days following the fine being issued, you will receive a Final Notice. This notice will provide you with the options to pay the fine (plus costs) within another 14 days; return the enclosed Statutory Declaration with completed objection; or choose to go to court.
Stage 2 - 21 days following the Final Notice you will receive an Enforcement Order from the Magistrates Court. If you receive an Enforcement Order, you are directed to follow the instructions on your notice. These matters are dealt with by the Magistrates Court.
Stage 3 - 28 days following the Enforcement Order you will receive a Sheriff's Warrant. This means you have 7 days to pay the fine plus costs. If you receive a Sheriff's Warrant, you are directed to follow the instructions on your notice.