If you want to object to your infringement, you can:
Requesting an internal review of an infringement
Who may apply
An application to Council for an internal review of the decision to serve an infringement notice may be made by either:
- a person who has been served with an infringement notice, or,
- a person acting on that person’s behalf with the first mentioned persons consent.
What you need to provide
The Infringements Act 2006 allows you to make only one application for internal review.
This means that you need to provide all the relevant information and any supporting documentation to us when requesting a review.
Apply for an internal review
To lodge an Application for Internal Review, complete and return the Application for Internal Review form. You can find additional information on requesting a review on the Fines Victoria website.
To avoid additional fees, the form must be received by Council before the due date for payment of the infringement.
An application for internal review:
- may be made at any time before the outstanding amount of an infringement notice (including any additional penalty reminder notice fee) is due; and
- must be in writing; and
- must state the grounds on which the decision should be reviewed; and
- must provide your current address for service of a notice detailing the outcome of the decision made; and
- may only be made once in relation to any one infringement offence.
Request for further supporting information
Council may request in writing any additional relevant information it requires to conduct a review. A request for further information from you to conduct a review will extend that period by a maximum of 35 days.
Applicants must provide the additional information within 14 days of a request by Council or may request in writing additional time if required. Council may choose to either refuse or grant additional time when requested. If granted Council must inform the applicant in writing of its decision and the period of the extension. Where additional information is not provided when requested Council may review the decision without the additional information.
Things we will consider
In line with the Infringements Act 2006, you can request a review of your infringement notice in the following circumstances:
Note: All require supporting and current documentation.
- Contrary to Law - you can request a review under this ground if you believe that the infringement notice is not valid (does not comply with the legal requirements of an infringement notice), or an authorised officer who issued the infringement notice has acted unlawfully, unfairly, improperly or beyond their authority in taking that action or decision.
- Mistake of identity - 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. 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.
- Special circumstances - these circumstances are specific and require evidence from a qualified practitioner or agency to support your application for review under this ground,
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- a mental or intellectual disability, disorder, disease, or illness where the disability, disorder, disease or illness contributes to the person having a significantly reduced capacity -
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- to understand that conduct constitutes an offence; or
- to control conduct that constitutes an offence; or
- a serious addiction to drugs, alcohol or a volatile substance, where the serious addiction contributes to the person having a significantly reduced capacity -
- to understand that conduct constitutes an offence; or
- to control conduct that constitutes an offence; or
- homelessness: determined in accordance with prescribed criteria (if any) where the homelessness contributes to the person having a significantly reduced capacity to control conduct which constitutes an offence; or
- family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and family violence contributes to the person having a significantly reduced capacity to control conduct that constitutes an offence.
- Exceptional circumstances - you should only request a review under this ground if you can prove that the offence occurred due to circumstance that were unusual, unexpected, out of the ordinary, unavoidable or exceptional - such as a medical emergency or vehicle breakdown.
- Person unaware - you can request a review under this ground if you were unaware that the infringement notice had been issued and it was not personally served.
An application made on the ground of ‘person unaware’ must:
- be made within 14 days of you becoming aware of the infringement notice (you may evidence the date you became aware of the infringement notice by providing a statutory declaration or other evidence showing you did not know about the fine, this could be a boarding pass showing you were overseas)
- be in writing
- state the grounds on which the decision should be reviewed, and
- provide your current address for service
- Family Violence Scheme - this scheme helps victim survivors of family violence by having their infringement withdrawn if their experience of family violence significantly contributed to the offence, or it is not safe for them to nominate the responsible person.
Find out more about the State Government Family Violence Scheme and if your fine is included in the Scheme.
Parking, Local Laws and animal infringements
The following are not considered valid reasons for the withdrawal of an Infringement Notice (unless you can provide proof as outlined under Things we will consider):
- Being new to, or unfamiliar with, Maroondah City Council or a particular Road Rule
- Appointments or meeting running overtime
- A school area being so busy you could not park legally
- A parking permit displayed incorrectly (eg: face down or blown off dashboard)
- Expired permits (including Disabled Persons Parking Permits)
- Not noticing a sign or misreading a parking sign
- Being unaware of which vehicle can use a Loading Zone or Permit Zone
- Parking in Council controlled areas and failing to comply with permit conditions or time limitations
- Running out of petrol, or experiencing a vehicle issue that did not require towing or repair
- Forgetting to register or not renewing the registration of a dog or cat
- Being unaware that dog and cat registration is required
- Mistaking the microchipping of an animal as registration
- Not understanding Planning Permit requirements relating to Tree Protection Zones and/or Construction Management Plans
- Pruning or removal of trees within a Significant Landscape Overlay (SLO) area or removal of native vegetation within a Vegetation Protection Overlay (VPO) area without a valid exemption or permit.
What you need to provide
- Evidence to support your claims should be provided with your application. Examples of supporting evidence can include, but are not limited to:
- medical evidence from a medical practitioner (detailing medical emergencies or medical conditions which significantly contributed to the offending)
- invoices or receipts
- police statements or reports (including mail theft reports made to Victoria Police or Australia Post)
- travel documentation (for example, copies of flight itineraries, date-stamped passports or boarding passes)
- removalist invoices
- identification documents (for example, driver's licence, birth certificate)
- Motor Vehicle Transfer documents or other proof of sale of a motor vehicle.
Are you the registered owner of the vehicle?
Parking infringement notices are issued to the owner of the vehicle.
If you are not the registered owner of the vehicle, you must supply one of the following documents with your request for review:
- A Nomination Statement completed by the owner of the vehicle, nominating you as the driver on the day.
- A letter from the owner authorising you to act on their behalf.
Types of Parking Infringements
Parking infringements are issued for different types of parking and road safety offences.
No Stopping Zones
No stopping zones are in busy traffic and high pedestrian areas, such as schools. These zones are designed to protect the safety of pedestrians and keep traffic moving.
'No Stopping' means no stopping at all. You cannot stop to let someone out of, or into, a vehicle, even if you leave the engine running or stay in the vehicle.
Permit Zones
Parking Permits are available to assist residents, traders, construction workers and people with disabilities to have access to parking spaces in areas with limited parking.
A current permit must be clearly displayed so that the permit number and expiry date are visible from outside the vehicle.
For information on the use of an Accessible Parking Permits visit the VicRoads website
Parking longer than allowed
If you park in an area for longer than the sign allows you may be issued with a fine, this includes areas where there is a high demand for parking spaces.
This helps us ensure that busy areas are available to all road users.
If you overstay for even a few minutes you can get a parking fine.
Loading Zone, Taxi Zone, Bus Zone
These spaces are for the picking up or setting down of passengers or goods. They are not intended for parking of private vehicles.
Only specific vehicles such as taxis, buses, trucks, vans, and vehicles with signs permanently affixed to both sides can stop in these zones, when:
- delivering goods, services or people
- picking up goods, services or people.
Council Controlled Area
If you park in an area that is designated as a ‘Council Controlled Area’ you may be issued with a fine.
This includes:
- parking in an area without displaying a valid permit for that area
- parking in an area for longer than permitted
- parking in an area due to height restriction
- failing to comply with permit conditions
Clearways
A clearway is a section of road where parking and stopping is not allowed at the times shown on the clearway sign. If you park in a clearway you may be issued with a fine.
What happens after you apply
After you have completed and submitted your application for a review, your fine will be placed on hold and no further fees will be added during the review period.
Maroondah City Council will review your request within 90 days of receiving your application. Your application for internal review will be assessed based on the information and evidence provided to support your claims.
It may take longer if you are asked to provide additional information. If you do not respond to Council’s request for information, your application may be reviewed based on the information available.
Once a decision has been made, you will receive notice of the outcome by post.
After reviewing an application for internal review and depending on the grounds you applied under, Council can decide to:
- confirm its decision to issue you with the infringement notice
- withdraw the infringement notice and take no further action against you
- withdraw the fine and issue an official warning instead
- withdraw the infringement notice and refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
- approve a payment arrangement
- alter or vary any additional steps where the infringement notice requires that additional steps also be undertaken; or
- waive or vary any additional fees associated with the infringement notice (e.g., penalty reminder fees).
What happens if your application is unsuccessful
If the application is not successful, you will receive a notice by mail to confirm:
- Council’s decision
- how much you need to pay
- when you need to pay it by; and
- 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.
Application for Action by Court
If you wish to have your matter dealt with in the Magistrates' Court, you need to notify Council in writing and send to:
Maroondah City Council
PO Box 156
Ringwood VIC 3134
You can use the form: Nomination Statement or Application for Action by Court - complete the top section and Part B.
Please note that additional statutory costs which are outside of Council’s control may be incurred if the matter is referred to court. Information regarding these costs can be found on the Magistrates Court of Victoria website.
If you elect to have a matter heard and determined in the Magistrates Court, whilst any internal review is being undertaken by Council, the processing of the review is terminated. A copy of the evidence that Council intends to tender to the Court including photographs will be served on you along with the summons to attend court.
If you cannot apply online
The easiest way to request a review is online. If you cannot apply for a review online, you will need to request a review in writing by mail.
If you need help, call us on 1300 88 22 33.
Post your review application and any supporting documents to:
Maroondah City Council PO Box 156 Ringwood VIC 3134
Fines Victoria
Fines Victoria is a Victorian Government administrative body that manages the administration and enforcement of infringement fines and court fines across Victoria.
Further information about the internal review process can be found on the Fines Victoria website.