Grounds for review
The Infringements Act 2006 provides the 5 following grounds for review.
1. There were exceptional circumstances when issued
Verifiable and unforeseen circumstances outside of your control that could excuse your conduct. For example, a medical emergency or vehicle breakdown.
2. You think the infringement is contrary to law
This is when you believe you didn’t commit an offence.
3. You have special circumstances
This is where the following conditions or circumstances lead to a person being unable to either understand or control the conduct that led to the offence. These are:
- a mental or intellectual disability, disorder, disease or illness
- a serious addiction to drugs, alcohol or a volatile substance
- family violence (as of 1 July 2017).
You must provide evidence (e.g. letter, report, statement) from one of the following parties:
- a case worker, case manager or social worker
- a general practitioner, psychiatrist or psychologist, or
- an accredited drug treatment agency.
The letter, statement or a report from the practitioner or case work should include the following information:
- The practitioner/case worker’s qualification and relationship with you, including the period of engagement.
- The nature, severity and duration of your condition or your circumstances:
- whether you were suffering from the relevant condition or circumstances at the time the offence was committed.
- whether, in the opinion of the practitioner/case worker, it is more likely than not that your condition/ circumstances resulted in your inability to understand or control the conduct constituting the offence.
The practitioner or agency report must show that because of your condition/situation you could not understand or control constituting the offence.
4. You believe there has been a mistake in identity
The fine was issued to the incorrect person or vehicle. For example, you weren't in the alleged location or the incorrect registration was recorded.
5. You were unaware of the fine
A request made on these grounds must:
- be made within 14 days of you becoming aware of the infringement notice. You may evidence the date that you became aware of the infringement notice by executing a statutory declaration.
- state the grounds on which the decision should be reviewed.
- provide your current address for service.
It’s important that you make your request online or in writing because requests made in person or over the phone cannot be accepted.
When submitting your request for review, please keep in mind that for us to withdraw your fine where something unexpected occurred, we will require additional documentation which supports your reasons outlined in your request.