The decision to issue an infringement notice

When can you 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.

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

Applications for internal review must:

be in writing, and include the infringement number 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. where applicable applications for Internal Review should include corroborating documents to support the grounds for review. For example, letters from doctors, Centrelink details, Police reports and evidence of mechanical breakdowns. Not providing sufficient information for a review to be considered may influence the outcome.

Special circumstances reviews

Special circumstances are defined by the Infringement Act 2006 and relate to:

  • A person with a mental or intellectual disability, disorder, disease or illness, a serious addiction to drugs or alcohol which results in a person being unable to understand the offending conduct or unable to control the conduct.
  • Homelessness, where the homelessness results in the person being unable to control the offending conduct.

When an application is made under the grounds of special circumstances, the enforcement agency 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 the agency rejects the application for internal review and confirms the decision to issue the infringement notice, it must refer the matter to the Magistrates' Court for determination by a judicial officer.

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, special circumstances are defined in legislation, see below.