A person who has received an Infringement Notice may request Council to undertake an internal review of the infringement.
An Application for Infringement Review (PDF 274KB) must be received before the payment due date on the infringement, or in the case of being unaware of the infringement, before the payment due date on the reminder notice.
Once your application for internal review has been received, all enforcement action in relation to the infringement will be suspended (meaning that your due date will be put on hold and no court action can proceed).
Under the requirements of section 22 of the Infringements Act 2006, all applications for internal review must:
- be made in writing;
- include your current address;
- only be made once per infringement; and
- specify the grounds for review.
In assessing whether to withdraw an infringement, Council will be assessing whether:
- an error occurred in exercising legal power; or
- the infringement notice is valid, however circumstances in the applicant's life mean enforcement is not appropriate on fairness or equity grounds.
Grounds for applying for an internal review
There are six grounds for applying for an internal review:
- Exceptional circumstances
- Contrary to law
- Special circumstances
- Mistaken identity
- Person unaware of fine
- Penalty reminder notice/fee waiver request
A description of each of these grounds can be found on page three of the Application for Infringement Review.
**In relation to parking infringements, the ground of 'Mistaken identity' does not apply. If wishing to dispute that you were in control of a vehicle during the time of receiving a parking infringement, please complete a Nomination Statement.
Assessing your application
Council must make a decision in relation to an application for infringement review within 90 days from receipt of the application.
If further information is requested, this may 'stop the clock' for a maximum period of 35 days. If further information is not provided upon request, the application will be determined without it.
Once an internal review has been conducted, Council must notify the applicant of the outcome, in writing, within 21 days. If the decision is that the infringement is confirmed (meaning that the infringement will not be withdrawn), the infringement must be paid by either the date on the original infringement, the date on the reminder notice, or within 14 days of being notified of the decision, whichever is the latest.
If Council fails to make a decision within 90 days, or fails to notify the applicant of the decision, in writing, within 21 days the infringement is deemed to be withdrawn.
Payment Plan Requests
If you have received an infringement and will have trouble paying the penalty, you may apply for a payment plan.
If you have one of the following cards, you are automatically entitled to a payment plan:
- a Centrelink Pensioner Concession Card
- a Veterans' Affairs Pensioner Concession Card or Gold Card
- a Centrelink Health Care Card (all types including non-means tested)
You will still need to complete a Payment Plan Request application form and provide your applicable card number along will all other information required.
If you don't have one of the above cards, you may still apply for a payment plan and an assessment will be made. Please complete the Payment Plan Request application form and attach an explanation of your circumstances preventing you to make full payment.
Council requires a minimum payment amount of $50 per fortnight on a payment plan, and the infringement must be paid off in full within the 11 months after the original date the infringement was issued.
If your payment plan application is approved, you are bound to make the payments. Failure to do so will result in your payment plan defaulting. If you default on a payment plan then all outstanding money must be paid in full within seven days. Failure to do so will result in the infringement proceeding to court.
Extension of Time to Pay Requests
If you have received an infringement and will have trouble paying the penalty by the due date you may apply for an extension of time. This allows you to put money aside periodically and make one payment to pay off the infringement.
Council will grant extensions of time up to 12 weeks, however the infringement must be paid off in full at least one month prior to the date that is 12 months from the date the infringement was issued.
If you wish to apply for an extension of time, please complete the Extension of Time to Pay application form.