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Appeal against a fine

You may appeal any fine (penalty infringement notice) you receive from the City of Greater Geelong.

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If you don’t think you should have received a fine and want to appeal the decision you can apply for an internal review. This can be lodged at any time before the infringement is registered with either the Magistrates Court or Fines Victoria noting you will incur fees if lodged after the 28-day due date.

Options include:

Appeal online or by post

All communication relating to a fine appeal needs to be in writing or online. The appeal process usually takes up to 90 days but may take longer if the applicant is asked to provide additional information. You will be advised in writing of our decision.

To assist with the appeals process in relation to your fine you should tell us:

  • Your penalty infringement number.
  • Your vehicle/animal registration number (if relevant).
  • The date of issue on your infringement.
  • The driver/owner details of the vehicle (if relevant).
  • Your postal address.
  • The circumstances which led to you being issued with a Penalty Infringement Notice (fine) and the grounds on which you believe that the fine should be withdrawn.

Appeal by post or online:

City of Greater Geelong
GPO Box 425
Melbourne VIC 3001

Appeal online

Notification of the outcome of your appeal will be sent to the postal address you provide before any further action is taken.

If you are not satisfied with the response you receive after your appeal you have the right to have the matter heard and determined in Court. Written notification of your decision needs to be sent to the same postal address above.

Please note

Objecting to a fine does not mean that the penalty notice has or will be withdrawn. The penalty notice remains outstanding and on hold until you receive notification in writing of the outcome of your appeal.

Understanding the Infringements Act 2006

The Infringements Act 2006 (referred to here as “the Act”) is State Government legislation that sets out the appeal process including timeframes and grounds of appeal. Under the Act there can only be one review of an infringement notice.

An internal review application (or appeal) must state the grounds on which the infringement notice should be reviewed. The grounds of review are set out in section 22 of the Act.

A summary of each ground is provided below:

The decision to serve and enforce the infringement notice was unlawful or invalid (section 22(1)(a)(i)).

The infringement notice should be excused because of exceptional circumstances relating to the conduct (section 22(1)(c)). This should be determined on a case-by-case basis and may include out of the ordinary unavoidable or unexpected situations such as car breakdown failure to display permits correctly or medical emergencies. This does not include general appointments at the hospital doctors dentist etc. You may be required to provide evidence of further information about the situation.

The infringement notice was issued to the person in error as they were not the person who committed the offence (section 22(1)(a)(ii)).

If the infringement notice was not served personally on the person there may be reasons why they were not aware of the notice (section 22(1)(d).

The person had special circumstances (section 22(1)(b)). “Special circumstances” is defined in section 3A of the Act. A person has special circumstances if they:

  • have a mental or intellectual disability disorder disease or illness or a serious addiction to drugs alcohol or a volatile substance and those circumstances contributed to a significantly reduced capacity to control or understand their offending conduct.
  • were experiencing homelessness or family violence and those circumstances contributed to a significantly reduced capacity to control their offending conduct or
  • have long-term circumstances that make it impracticable to deal with their fines and that do not solely relate to financial hardship.
     

Common Questions

When your infringement appeal has been received, a letter will be posted to you acknowledging your appeal and advising that the fine has been placed on hold to be reviewed. You are not required to pay the infringement at this time.

We may contact you for more details before reviewing your appeal. If we don't receive this information by the specified date, we will decide based on the information available.

Your appeal will be reviewed within 90 days from your request for review. Your appeal will be assessed based on the information and evidence provided to support your claims. Once we have completed the investigation we will advise in writing our decision on your appeal.

Once a decision has been made you will be notified by post.

If your appeal is successful, depending on the grounds you applied under we will decide to:

  • 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)
  • approve a payment arrangement
  • waive or vary any fees associated with the fine
  • waive or vary any additional steps imposed by the fine

If your appeal is not successful, you will receive a notice by mail to confirm:

  • our decision on your appeal
  • how much you need to pay
  • when you need to pay it by
  • any other options available to you.

If your application is not successful, you can apply to have your matter heard in the Magistrates' Court. This gives you (or your representative) a chance to present your evidence in front of a magistrate who will make a decision about your matter.

It is important that you provide your most current address and contact details so you can be contacted about your application if required.

Communication relating to infringement appeals can only be done in writing or via our online form, as this ensures that there is transparency in decision making. A request for appeal cannot be made over the phone or in person at Council offices.

If you are not satisfied with the response from the internal review officer, you should consider the other options you have which will be set out in the decision letter. This includes the option to take the matter to Court.

Please note

A person must be able to show a connection between the special circumstance category and the offending behaviour. Applications for internal review on the ground of special circumstances should be accompanied by supporting evidence. That evidence will need to confirm the existence of the relevant condition or circumstance as well as the connection between the condition and the offending conduct or the impracticability to deal with the fine.

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