Internal Review of a Penalty Notice

Home Council Laws & Regulations Internal Review of a Penalty Notice

Internal Review of a Penalty Notice

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Internal Review of a Penalty Notice
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Internal Review of a Penalty Notice

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Assessment Criteria

Was the review application in writing and received prior to the due date of the infringement?(Required)
Was the infringement issued in error?(Required)
Was the infringement issued contrary to law?(Required)
Was the infringement issued to the wrong person?(Required)
Do special circumstances apply?(Required)
Do exceptional circumstances apply?(Required)

Assessment for Compliance

Infringements Review

Infringements may only be considered for review if:

  1. They are in writing.
  2. There have not been previous review requests for the same infringement.
  3. They are received prior to the due date of the infringement.

The following are the only reasons where a review is allowable

Contrary to Law

The law was not broken, the infringement was issued in error, or the infringement was issued under the wrong law.

Mistaken Identity

The person to whom the infringement was issued was not the actual person who committed the offence. (See Note 1 below)

Special Circumstances

Persons with a mental or intellectual disability, disorder, disease or illness; a serious addiction to drugs, alcohol or a volatile substance; or are homeless. The definition then requires that these persons could not control or understand their offending conduct because of their situation.

Exceptional Circumstances

Any other circumstance the applicant believes justifies an internal review.

Note 1: For parking infringements the notice is issued to “The owner” and so, by law, that vehicle owner is considered to be the “guilty” person unless a statutory declaration is issued by the owner naming the person who was in charge of the vehicle at the time of the event.

Panel Assessment

The officer reviewing the infringement will consider any of the following aspects when considering
a request for review:

  1. Any documentation provided to substantiate the review request
  2. Any previous infringement history (for warning conversions only).
  3. Councils enforcement policies and procedures.

Actions available to the reviewing officer.

Confirm

Confirm the decision to serve an infringement notice

Warning (withdraw infringement)

Withdraw the infringement notice and serve an official warning
in place of the infringement notice

Withdraw

Withdraw the infringement Notice

Refer to Court (withdraw infringement)

Withdraw the infringement notice and refer the matter to Court.

In addition the following actions may also be undertaken:

  • In the case of an infringement notice involving additional steps, alter or vary those steps.
  • Waive all or any prescribed costs.
  • Approve a payment plan.
  • Any combination of any of the above actions.

Payment Plans

Mandatory

An enforcement agency must offer a payment plan to a person who applies under section 46(1) of the Act if the person meets the eligibility
criteria set out in the guidelines.
A person is automatically entitled to enter into a payment plan if they are
in receipt of:

  • A Commonwealth Government (Centrelink) Pensioner Concession
    card.
  • A Department of Veterans’ Affairs Pensioner Concession card or
    Gold Card; or
  • A Centrelink Health Care Card (Any type)
Discretionary

An enforcement agency may offer a payment plan to a person who applies under section 46(1) of the Act if the enforcement agency decides, in its discretion, that the person should be offered a payment plan.