Grounds for an internal review and evidence required
An internal review request must specify at least one of the 5 grounds of review. Please click on the links below for detailed information that will assist you in making an application. The grounds of review are set out in the Infringements Act 2006.
The following section provides further guidance about the considerations which may support each ground, evidential support which Council may receive or request, and the options available to Council after consideration of the request. Note that the examples provided in this section are not exhaustive.
Contrary to Law
The contrary to law ground can be used if you believe that the decision to serve the infringement notice was unlawful. For example, this may arise where:
- the infringement notice is not valid (for instance, it is incomplete, or it does not otherwise comply with the formal legal requirements for an infringement notice), or
- an infringement officer has acted unlawfully, unfairly, improperly, or beyond their authority in taking that action or decision.
Evidence required
Applications for internal review that are made on the ground of contrary to law should (where appropriate) be accompanied with supporting evidence. This may include photographs of parking signage, witness statements or other evidence that goes to establishing the facts.
Apply here
Mistake of Identity
The mistake of identity ground is intended to apply if you claim that you were not the person who committed the infringement offence. Examples could include where you claim:
- that you are not the person named on the infringement notice;
- that you were not in the location at the time of the offence and therefore could not have committed the offence; or
- that you have had your identity stolen.
This ground is not available in circumstances where the operator of a vehicle has been served with a traffic or parking infringement notice and they allege that they are not liable for the offence and cannot reasonably ascertain the identity of the person who was responsible for the offence. Such circumstances should be more appropriately addressed by lodging an unknown user nomination statement.
Evidence required
Examples of supporting evidence for mistake of identity include your birth certificate, driver’s licence or passport which shows:
- a different person than the one who received the infringement notice in your name, or
- evidence that you could not have committed the conduct because you could not have been in the relevant location.
Apply here
Special Circumstances
You may submit an internal review application on the ground that special circumstances apply to you.
There are several categories of ‘special circumstances’ as defined in the Infringements Act 2006.
Please see the sections below for detailed definitions and examples.
Mental disability, disorder, disease or illness
A mental disability, disorder, or disease or illness means a diagnosed medical condition that is characterised by a disturbance of thought, mood, perception, or memory. This may include:
- a total or partial loss of a person’s mental functions; or
- a disorder, disease or illness that affects a person’s thought processes, perception of reality, emotions, or judgment, or that results in disturbed behaviour.
Examples of mental illnesses include, but are not limited to:
- bipolar disorder;
- depression and anxiety;
- psychosis;
- schizophrenia;
- severe mood disorder;
- antisocial personality disorder;
- borderline personality disorder;
- post-traumatic stress disorder; and
- attention deficit and hyperactivity disorder.
Intellectual disability, disorder, or disease
An intellectual disability, disorder or disease means a disorder or malfunction that results in a person learning differently to a person without the disorder or malfunction. This includes:
Serious addiction to drugs, alcohol or volatile substance
A person is considered to have a serious addiction to drugs, alcohol or volatile substances if that person has a maladaptive pattern of substance use leading to clinically significant impairment or distress, as manifested by three or more of the following, occurring any time in the same 12-month period:
- tolerance, as defined by either of the following:
- a need for markedly increased amounts of the substance to achieve intoxication or the desired effect; or
- markedly diminished effect with continued use of the same amount of the substance.
- withdrawal, as manifested by either of the following:
- the characteristic withdrawal syndrome for the substance; or
- the same (or closely related) substance is taken to relieve or avoid withdrawal symptoms.
- the substance is often taken in larger amounts or over a longer period than intended.
- there is a persistent desire or unsuccessful efforts to cut down or control substance use.
- a great deal of time is spent in activities necessary to obtain the substance, use the substance, or recover from its effects.
- important social, occupational, or recreational activities are given up or reduced because of substance use.
- the substance use is continued despite knowledge of having a persistent physical or psychological problem that is likely to have been caused or exacerbated by the substance (for example, current cocaine use despite recognition of cocaine-induced depression or continued drinking despite recognition that an ulcer was made worse by alcohol consumption).
Volatile substance – definition
Volatile substances are defined as:
- plastic solvent;
- adhesive cement;
- cleaning agent;
- glue;
- dope;
- nail polish remover;
- lighter fluid;
- gasoline;
- any other volatile product derived from petroleum, paint thinner, lacquer thinner, aerosol propellant, or anaesthetic gas; and
- any substance declared volatile by the Governor in Council from time to time.
Homelessness
A person is considered homeless if they:
Common examples include where a person is:
- without conventional accommodation, for instance, sleeping in parks or on the street, squatting, living in cars or in improvised dwellings;
- moving from one form of temporary accommodation to another for example, refuges, emergency hostel accommodation, or temporary space in the homes of family and friends;
- living in temporary accommodation because of unsafe living conditions (such as family violence) or inability to afford other housing;
- living in a caravan park due to their inability to access other accommodation; or
- living in boarding houses on a medium to long-term basis.
Family violence
The definition of special circumstances includes a person who is a victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008.
‘Family violence’ is:
(a) behaviour by a person towards a family member of that person if that behaviour:
- (i) is physically or sexually abusive;
- (ii) is emotionally or psychologically abusive;
- (iii) is economically abusive;
- (iv) is threatening;
- (v) is coercive;
- (vi) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or
(b) causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).
‘Family violence’ also includes the following behaviour:
- assaulting or causing personal injury to a family member or threatening to do so;
- sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour;
- intentionally damaging a family member’s property, or threatening to do so;
- unlawfully depriving a family member of the family member’s liberty, or threatening to do so; or
- causing or threatening to cause the death of, or injury to, an animal regardless of whether the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member.
Behaviour may constitute family violence even if the behaviour would not constitute a criminal offence.
Long term condition/circumstances making it impracticable to deal with the fine
A person will be considered to have conditions or circumstances which are long term in nature and which make it impracticable for them to pay or otherwise deal with the fine in a very narrow category of cases.
This sub-ground of ‘special circumstances’ is intended to apply only to a very small cohort of fine recipients who have long-term and extremely serious circumstances that:
- may not have been present at the time of offending, and
- are particularly disabling or incapacitating in nature, and
- result in the person being unable to pay or otherwise deal with their infringement fine.
The legislative test excludes any circumstances that solely or predominantly relate to the person's financial circumstances. The infringements system contains other mechanisms for dealing with financial hardship, including payment plans, payment arrangements and the work and development permit scheme.
Examples include but are not limited to:
- a person undergoing long term involuntary mental health care, for example a Community Treatment Order or a period of involuntary inpatient treatment, that makes them unable to attend courses, treatment, or counselling, or to pay;
- a person with a severe physical or intellectual disability that makes them unable to attend courses, treatment, or counselling, or to pay; or
- people who are sleeping rough, isolated and highly transient, and are unlikely to resolve their circumstances in the foreseeable future and are unable to deal with their fine in any way.
Evidence required
Evidence that is acceptable includes (but is not limited to) reports, letters, statements, submissions, statutory declarations, police reports, and family violence safety notices.
A range of individuals, including professionals and practitioners, can provide evidence if the application is based on:
- a mental or intellectual disability disorder, disease, or illness: evidence can be obtained from a medical practitioner, psychiatrist, psychiatric nurse, or psychologist and can include a letter, statement or report that includes:
- the practitioner/counsellor’s qualification and relationship with the applicant and the period of engagement;
- the nature, severity, and duration of the applicant’s condition and/or symptoms;
- an assessment on whether the applicant was suffering from the relevant condition at the time the offence was committed; and
- whether, in the opinion of the practitioner, there is a connection between the applicant’s relevant condition and the applicant’s offending behaviour.
- a serious addiction to drugs, alcohol, or a volatile substance: evidence can be obtained from a medical practitioner, psychiatrist, psychologist, accredited drug treatment agency, drug counsellor, or case worker (from a community or social work facility) and can include a letter, statement or a report. Information that may support an application includes the:
- practitioner/counsellor’s qualification and relationship with the applicant including the period of engagement;
- the nature, severity, and duration of the applicant’s relevant condition and/or symptoms;
- whether the applicant was suffering from the relevant condition at the time the offence was committed; and
- whether, in the opinion of the practitioner, there is a connection between the applicant’s relevant condition and the applicant’s offending behaviour.
- homelessness: evidence can be obtained from a medical practitioner, psychiatrist, case worker or social worker, health or community welfare service providers and can include a letter, statement, or a report. Information that may support an application includes:
- the practitioner/case worker’s qualification and relationship and the period of engagement;
- a summary of the applicant’s circumstances;
- whether the applicant was homeless at the time the offence was committed; and
- whether, in the opinion of the practitioner, there is a connection between the applicant’s homelessness and the applicant’s offending behaviour.
- family violence: evidence can be obtained from family violence case workers or social workers, Victoria Police, medical practitioners or health or community welfare service providers and can include a statement, report, letter, family violence safety notice or a family violence intervention order. Information that may support an application includes:
- the practitioner/case worker’s qualification and relationship and the period of engagement;
- a summary of the applicant’s circumstances;
- whether the applicant was experiencing family violence at the time the offence was committed; and
- whether, in the opinion of the practitioner, there is a connection between the applicant’s circumstances involving family violence and the applicant’s offending behaviour.
- a long-term condition or circumstance: depending on the condition, the report can be obtained from a variety of relevant professionals to establish the severe or debilitating condition/circumstances. As the condition or circumstance is not limited, the decision maker should assess whether the professional is appropriately qualified to give evidence about that condition, on a case-by-case basis. The professionals listed for the above grounds may guide the decision maker in determining who is appropriately qualified to give the evidence. The information that may support the application includes:
- the professional’s qualification and relationship and the period of engagement;
- a summary of the applicant’s circumstances;
- whether the condition or circumstance is long-term; and
- whether, in the opinion of the practitioner, the condition or circumstances makes it impracticable for the applicant to deal with their infringement.
In addition to a report from a professional, evidence that the applicant receives assistance through the National Disability Insurance Scheme or a Disability Support Pension may also support the application.
Apply here
Exceptional Circumstances
The exceptional circumstances ground provides Council with the discretion to determine whether the infringement is appropriate, taking into account the circumstances in which the offending conduct occurred.
Evidence required
Examples of supporting evidence could include:
- medical evidence from medical practitioners;
- invoices or receipts;
- statutory declarations or affidavits;
- witness statements;
- photographs;
- travel documentation; or
- police statements or records.
Apply here
Person Unaware
This ground of internal review enables you to submit an internal review application on the ground that you were unaware of the infringement notice. Service of the notice must not have been by personal service.
An application made on the ground of person unaware must:
- be made within 14 days of you becoming aware of the infringement notice (you may evidence the date you became aware of the infringement notice by executing a statutory declaration);
- be made in writing;
- state the grounds on which the decision should be reviewed;
- provide your current address for service, and
- may only be made once in relation to any one infringement offence.
Note: this ground only applies where you did not receive an infringement notice. If you are seeking an internal review on the grounds that you did not receive a notice from Council to do something, for example, a Fire Prevention Notice or a Building Order, you are able to apply for an internal review on the grounds of exceptional circumstances.
Evidence required
Examples of evidence may include copies of date-stamped passports, boarding passes, removalist invoices and mail theft reports made to Victoria Police.
Apply here
Family Violence Scheme
The Family Violence Scheme is a specialised scheme to support people affected by family violence within the fines system. The scheme is administered by the Director, Fines Victoria. The scheme allows people to apply to Fines Victoria (not Council) to have their infringement fines withdrawn if family violence substantially contributed to the offence or if it is not safe for them to name the responsible person.
To access the Family Violence Scheme, you must:
- have been issued an infringement notice for an offence; and
- show that you are a victim survivor of family violence; and
- show how the family violence substantially contributed to you not being able to:
-
- control the conduct that constituted the offence; or
- nominate the driver that committed the offence in a car registered to the victim; or
- reject a nomination.
More information about this scheme can be found by here: https://www.justice.vic.gov.au/fvs or by emailing: fvs@justice.vic.gov.au