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Infringement Notices - Options

If you have received an infringement notice, a number of steps may follow.

Paying the fine

All fines must be paid by the due date on the infringement notice. Failure to do so may result in extra fees and charges being incurred. If you seek a review or opt for a payment plan, your time to pay the fine will be extended.

Review

If you decide to apply for a review of the decision:

• Apply in writing, setting out the grounds for review
• The review will be undertaken by an officer not involved with issuing the infringement. Usually this is a more senior person in the agency. Reviews must be completed within 90 days after the agency receives the application, though this can increase by a further 21 days if the agency seeks additional information
• Once the decision is made, the agency should give it to you in writing within 21 days.

There is more information about agency reviews in the Attorney-General’s Guidelines to the Infringements Act 2006 and on the Fines Victoria website.

Special circumstances – applications

• One grounds for a review is on the basis of special circumstances
• The Infringements Act 2006 takes special circumstances into account so that genuinely vulnerable people are not caught up by the infringements system. The category covers people with intellectual disabilities, disorders or mental health conditions, serious addictions or the homeless
• Special circumstances can be taken into account before the enforcement stage
• If an agency receives an application for special circumstances, but still considers it was appropriate to give the person the infringement notice, they refer the matter to the Magistrates Court (as a confirmed infringement notice where it has been alleged that special circumstances apply).

Referring infringements to the courts

Infringements can be referred to the Magistrates Court at various stages before the matter is lodged with the Infringements Court (formerly the PERIN Court). The person involved in the infringement or the agency involved can refer it. Referral can be after an internal agency review or after an application to revoke an enforcement order.

Sanctions

The Sheriff’s Office applies any sanctions under the Act. The Sheriff's Office will balance the need for temporary measures to encourage fine defaulters to pay and more serious and permanent sanctions (such as selling property) for the most serious cases. The sanctions relating to earnings and the sale of property (in Parts 10 and 11 of the Infringements Act) cannot be applied without the authority of an Infringements Registrar or the Magistrates Court.