By law, if you are the person who has received the infringement notice, you can request an infringement review under one of the following grounds:
Person unaware: you did not know about the fine
You can request a review under this ground if all of the following apply:
- you found out about the fine within the last 14 days, and
- the fine was not personally given to you by an officer.
If you moved house but you did not change your authorised address with the relevant agency (for example, VicRoads) within 14 days of moving, your application may not be successful.
Your application may not be successful unless you provide evidence showing you did not know about the fine. This could be a copy of your passport or boarding pass showing you were overseas, an invoice from a removalist showing that you moved house, a VicRoads address change confirmation, or a report about mail theft.
You must submit your application within 14 days of the date you became aware of the fine.
If your application is successful, you will be granted a further 21 days to deal with your fine.
Contrary to law: the fine is invalid or was improperly issued to you
You can apply under this ground if you believe that the enforcement agency's decision to fine you was inconsistent with the law.
For example, the officer who issued the fine acted unlawfully, improperly or outside their authority or the fine does not comply with the legal requirements of an infringement notice.
Mistake of identity: the fine was issued to the wrong person
You can request a review under this ground if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim. For example, someone provided your licence or gave your details to council officers, or you have the same name as another person or family member and the wrong person received the fine.
This review ground does not apply if someone else was driving your vehicle at the time of the offence; in this case you would need to nominate another driver. You cannot request a review under this ground if someone else was driving your vehicle. Failing to nominate the responsible person is not a valid reason to apply for mistake of identity.
Exceptional circumstances: the offence occurred due to an extraordinary or unavoidable situation
You should only select this ground if you can show that the offence occurred due to circumstances that were out of the ordinary, unavoidable, or exceptional – such as a medical emergency or a vehicle breakdown.
You may be required to supply evidence to support this ground.
Special circumstances (including Family Violence Scheme)
These circumstances are very specific. You should only select this ground 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, even if those circumstances did not exist at the time of the offence.
You will need to provide evidence from a qualified practitioner or agency to support your application. For more information on what is required and how to apply, see: Special Circumstances.
The Family Violence Scheme
If you have been impacted by family violence, the Family Violence Scheme is an option to help victim survivors deal with fines if there is a link between the family violence and their fines.
Further details regarding Infringement review grounds and options are also available on the Fines Victoria website.