Infringements

Special circumstances apply if, at the time of the offence, you were affected by one of the following:

• Homelessness.
• Family violence. 
• A mental or intellectual disability, disorder, disease or illness (that impacted your ability to understand or control the offending).
• A serious addiction to drugs or alcohol (that impacted your ability to understand or control the offending).
• Circumstances that are long term in nature and make it impractical for you to pay the infringement. This does not solely or predominately relate to financial circumstances.

Supporting documents

To substantiate a claim of special circumstances, you will need to provide evidence such as a letter from a general practitioner, psychologist, social worker or drug and alcohol counsellor.

This applies if there are exceptional circumstances that could excuse the infringement offence.

For example, a tree fell on your fence which allowed livestock to escape onto the road.

Supporting documents

You will need to provide evidence to support your claim such as photographs or statutory declaration from you and/or a witness.

The means that you weren’t the person who committed the offence.

Supporting documents

You will need to provide evidence to support your claim such as a statutory declaration from you and/or a witness and photographs.

You were unaware that an infringement has been issued.

An application made on the ground of ‘person unaware’ must be made within 14 days of you becoming aware of the infringement notice.

Please note that:

1. You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.
2. We cannot consider withdrawing the infringement under these grounds. We can only consider waiving additional costs that may have been incurred and/or provide you with additional time to pay the infringement.

Supporting documents

A statutory declaration is required about the date that you became aware of the infringement notice.

5. Decision contrary to law

You may request a review of the infringement if you believe the decision to issue the infringement was contrary to law.

Supporting documents

 You will need to outline why you believe the decision is contrary to law and provide supporting evidence such as letter from legal representation.

Once we receive your request, the infringement will be put on hold and you will be emailed with an acknowledgment of your review application.

In accordance with the Infringement Act 2006, an infringement review panel will then review the decision to issue you with an infringement. Please note that the infringement review panel does not include any officer that was involved in the decision to issue the infringement notice, although officers may provide information to the panel for consideration during the review.

The infringement review panel may decide to:

• Confirm the decision to issue the infringement notice.
• Withdraw the infringement notice.
• Withdraw the infringement notice and issue an official warning in its place.
• In the case of an infringement offence involving additional steps, alter or vary those steps provided the alteration or variation is consistent with the Act or regulations establishing the offence.
• Waive all or any prescribed costs.
• Approve a payment plan.
• Do any combination of any of the actions referred to in the above paragraphs.

Council will provide you with a written outcome of the internal review within 90 days from date of receipt of your request.

The infringement review panel may ask you for further information. You must provide this information within 14 days or request in writing an extension of time to provide the information. If the information is not provided within 35 days (or within the period specified for an extension of time), the panel may decide on the review without this information.