Message from the Chief Commissioner

Our Services

Internal reviews of infringements

Release date: Wed 9 July 2008

Last updated: Fri 22 August 2014

Internal reviews do not apply to the following offences:

  • Drink-driving, driving under the influence of drugs, or excessive speed infringements under Sections 89A-89D of the Road Safety Act 1986.
  • Drink-boating infringements under Sections 61A and 61BA of the Marine Act 1988.
  • Safety work infringements under Section 215C of the Transport Act.

When can I seek a review?

An application for internal review can be made at any time before the offence is lodged with the Infringements Court, or before the expiry of the period for bringing a proceeding to Court in relation to the offence.

Each application for an internal review is judged on a case-by-case basis.

Only one application for internal review can be made regarding any one infringement offence.

Applications for internal review must:

  • be in writing
  • state the grounds for review
  • provide current address details
  • contain letter of consent, or other evidence of consent, if done on behalf of a third party.

Grounds for review are:

  • if you believe the decision to serve the notice was contrary to law
  • there is a mistake in identity
  • your conduct should be excused as exceptional
  • if special circumstances apply, see below.

Further information on grounds for review can be found at the Fines Victoria website.

Applications for review should be sent to:

Officer in Charge
Traffic Camera Office
GPO Box 1916
Melbourne 3001

Victoria Police has the power to:

  • confirm the issuing of an infringement notice
  • withdraw the infringement notice
  • withdraw an infringement notice and issue an official warning in its place
  • withdraw the infringement notice and refer the matter to the Magistrates' Court.

Victoria Police will notify the applicant of the outcome of the review in writing.

Where a decision has been made to confirm the decision to issue the infringement notice, the enforcement agency will notify the applicant of the due date for payment of the infringement penalty.

If a person elects to have the matter referred to open Court, any review in progress is terminated.

Special circumstances reviews

In relation to requests for internal review, special circumstances means-

(a) a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results in the person being unable-

(i) to understand that conduct constitutes an offence; or
(ii) to control conduct that constitutes an offence; or

(b) a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction results in the person being unable-

(i) to understand that conduct constitutes an offence; or
(ii) to control conduct which constitutes an offence; or

(c) homelessness determined in accordance with the prescribed criteria (if any) where the homelessness results in the person being unable to control conduct which constitutes an offence;

When an application is made under the grounds of special circumstances, Victoria Police is limited to:

  • confirming the decision to serve the infringement notice
  • withdrawing the infringement notice
  • withdrawing the infringement notice and serving an official warning in place of the notice.

If Victoria Police rejects the application for internal review and confirms the decision to issue the infringement notice, Victoria Police must refer the matter to the Magistrates' Court for determination by a judicial officer.

Further information relating to applications for internal review can be obtained by contacting Civic Compliance Victoria by phone on (03) 9200 8111 and 1300 369 819, or in person at Ground Floor, 277 William Street, Melbourne.
 

 
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