Infringement appeals

You have the right to request a review of your infringement notice. Under the Infringements Act 2006 you can only request one review for each infringement.

Appeals must be lodged in writing or online below with supporting proof if applicable before an infringement is lodged with Fines Victoria or Magistrates’ Court. Once we receive your request the infringement will be placed on hold and there will be no extra costs to you while the appeal is underway.

Your application for internal review will be assessed based on the information and evidence provided to support your claims within 90 days of it being received. Currently it takes about 4-5 weeks.

It may take longer if you are asked to provide additional information. If you do not respond to our request for information, your application may be reviewed based on the information available.

Once a decision has been made, you will receive notice of the outcome outlining our decision and any options available to you if applicable.

On what grounds can you appeal?

1. Contrary to Law

Please set out the reasons why you believe the infringement is unlawful. For example, the details on the infringement notice are incorrect.

2. Mistaken identity

You should set out the reason why you say there was a mistake of identity and identify the name and address of the person who you say you were mistaken for and the relationship of that person to you.

3. Special circumstances

These circumstances are very specific. You can select this ground only 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 fines because of severe disabling long-term circumstances.

You need to provide evidence from a qualified practitioner or agency. For more information on what is required please see the Special Circumstances section below.

The Family Violence Scheme has also been introduced by Fines Victoria to support people affected by family violence within the infringement system. For further information please visit www.fines.vic.gov.au/fvs or call Fines Victoria on 1300 019 983.

4. Exceptional circumstances

Please explain the exceptional reason why you should be excused from paying the fine, where other people must. For example, your vehicle broke down, or you had a medical emergency. Documentary proof must be supplied.

5. Person Unaware (that the infringement notice was issued to you)

This category only applies if you were not aware that the original infringement notice was issued to you. This does not apply if you were unaware that it is an offence to park in the manner that you did.

You must make application within 14 days of becoming aware of the Infringement notice. You must supply a Statutory Declaration(PDF, 13KB) confirming the reasons for appeal and confirm the date you became aware of the infringement notice. Supply any supporting evidence.

Act now to avoid further costs

You can view parking infringement photographs and details online before you decide what action to take.

Pay the infringement - If you are unable to pay by the due date you may be eligible for a once off extension of the due date. If you wish to apply or for more information please contact Customer Service on (03) 9688 0200. No instalment plans will be offered.
To nominate a driver or to have the matter heard at the Magistrates' Court complete the Nomination Form.
Complete the online request for internal review of an infringement.

If no action is taken before the due date of your infringement, it will continue through the infringement process and additional costs will be incurred.

If you are experiencing acute financial hardship you have the Work and Development Permit (WDP) option through Fines Victoria which is a non-financial way of settling infringements. Information regarding this program can be found here.

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Special Circumstances

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If you have serious personal issues, conditions or difficulties, it may be possible to apply for a review of your fines under Special Circumstances.

These circumstances are very specific. You can apply only 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 affected by family violence, OR
you cannot deal with your fines because of severe disabling long-term circumstances.

Special circumstances linked to your offending behaviour

You must show a link between your special circumstances and your offending behaviour.

If you have a mental illness, intellectual disability, or a serious substance addiction, you need to provide evidence of how this reduced your capacity to:

understand your behaviour was against the law, or
control your behaviour (even if you knew it was against the law).

If you are homeless or a victim of family violence, you need to provide evidence of how this reduced your capacity to control your behaviour (even if you knew it was against the law).

If your fines resulted from family violence, you may be able to apply under the Family Violence Scheme.

Long-term circumstances linked to your ability to deal with your fine

If you are not able to deal with your fine due to severe disabling long-term circumstances, you need to provide evidence that your circumstances:

are long term and particularly severe, disabling or incapacitating, and
relate mostly to issues other than financial hardship, and
make it impracticable or unfeasible for you to deal with your fine by:
- paying in full
- paying in instalments
- completing activities or treatment under a work and development permit
- applying for the family violence scheme.

Examples include:

long-term involuntary mental health care
severe physical or intellectual disability.

Who can prepare your supporting evidence?

You must provide evidence from a relevant practitioner or agency who knows about your circumstances. Depending on your particular circumstances, this may be your:

general practitioner or medical specialist
psychiatrist or psychologist
social worker or case worker
accredited drug treatment agency or drug counsellor
financial counsellor
recognised health, support or welfare agency (for example, the Salvation Army).

Evidence may include, reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices.

What is required in your report?

Your practitioner or agency report should include:

an explanation of your circumstance, including its nature, severity, duration, and impact on your life
the link between your circumstance and your offending behaviour, or your long-term inability to deal with the fine
your practitioner's qualifications
your practitioner's relationship with you and how long they have known you.

We may ask you for more information to help determine your application.

Your evidence should be signed and dated within 12 months of the date of your application. You can provide evidence that is older than 12 months if it relates to a permanent condition, such as an intellectual disability.

Special circumstances: what the legislation says

special circumstances, in relation to a person means—

(a) a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness contributes to the person having a significantly reduced capacity to—

(i) understand that conduct constitutes an offence; or

(ii) control conduct that constitutes an offence; or

(b) a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction contributes to the person having a significantly reduced capacity to—

(i) understand that conduct constitutes an offence; or

(ii) control conduct that constitutes an offence; or

(c) homelessness determined in accordance with the prescribed criteria (if any) where the homelessness contributes to the person having a significantly reduced capacity to control conduct that constitutes an offence; or

(d) family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence contributes to the person having a significantly reduced capacity to control conduct that constitutes an offence; or

(e) circumstances experienced by the person that—

(i) are long-term in nature; and

(ii) make it impracticable for the person to pay the infringement penalty and any applicable fees or otherwise deal with the infringement notice under this Act or the Fines Reform Act 2014; and

(iii) do not solely or predominantly relate to the person's financial circumstances.

Further information regarding internal reviews can be found on Fines Victoria’s website: Request a review (fines.vic.gov.au)