Person unaware: you did not know about the fine

You can request a review under this ground if:

·    you found out about the fine within the last 14 days; and

·    the fine was not personally given to you by an officer.  

Matters to be considered:

If you moved house but you did not change your authorised address with Council or other 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 you are successful in establishing you were unaware of the fine you will be granted a further 21 days to deal with your fine.  i.e., pay the infringement or lodge a review or elect to take the matter to court.

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You can apply under this ground if you believe that Council’s decision to fine you was inconsistent with the law.

Some examples:

The fine is incomplete, or it does not comply with the formal legal requirements of an infringement notice.

The officer who issued the fine acted unlawfully, improperly or outside their authority.

A fine may have the incorrect date or place of alleged offence.

A fine issued for an unregistered animal but you have paid the registration and have the receipts to show it was registered on the date of the alleged offence.

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You can request a review on the ground of mistake of identity if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim.

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.

Some examples:

Someone provided your licence or gave your details to Council, and it wasn’t you.

You have the same name as another person or family member and the wrong person received the fine.

You were not at the location at the time of the offence and therefore could not have committed the offence.

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You should select this ground only 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.

Exceptional circumstances cover circumstances where a person has enough awareness and self-control to be liable for their conduct but has a good excuse. This category can also encompass other areas of disadvantage which do not fall within the narrow definition of 'special circumstances' within the meaning of the Infringements Act 2006.

Exceptional circumstances may be established by a combination of circumstances which, individually, may not be considered exceptional.

You must show a connection between the exceptional circumstances and the infringement offence. 

This could include personal circumstances, whether permanent or temporary, including poverty, age, financial difficulty, debilitating life events such as serious acute illness, language or literacy difficulties and cultural differences, which may excuse the conduct.

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These circumstances are very specific. You can only apply if you can show that:

·    you committed the offence in part because you:

o    had a mental or intellectual disability, disorder, disease or illness;

o    had a serious addiction to drugs, alcohol or a volatile substance;

o    were homeless; or

o    were affected by 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 review application.

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

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 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:

o    paying in full;

o    paying in instalments;

o    completing activities or treatment under a Work and Development Permit; or

o    applying for the Family Violence Scheme.

Examples include:

·   long-term involuntary mental health care; or

·   severe physical or intellectual disability.

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Who can prepare your supporting evidence?

You must provide evidence from a practitioner or agency who is familiar with your circumstances. Depending on your circumstances, this may be your:

·   doctor or medical specialist;

·   psychiatrist or psychologist;

·   social worker or case worker;

·   accredited drug treatment agency or drug counsellor;

·   financial counsellor; or

·   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.

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What is required in your report?

Your practitioner or agency report should include:

·   your practitioner's qualifications;

·   your practitioner's relationship with you and how long they have known you;

·   an explanation of your circumstances, including its nature, severity, duration, and impact on your life; and

·   the link between your circumstances and your offending behaviour.  

In the case of severe, disabling long-term circumstances, the report should also include information on the link between your circumstances and your inability to deal with the fine.

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

Your evidence should be signed and dated within 12months 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.

Need help applying?

Your health practitioner or case worker can request a review on your behalf. You may also be able to access legal assistance.

If you need more time to get evidence, you can ask for it when you submit your application. We will put your fines on hold so you can get a report from a relevant practitioner or agency.

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