Request for an Internal Review of an Infringement Notice

Infringements notices are issued by Council under various legislation and are issued for failing to comply with the law.

You are entitled to appeal your infringement, however you must do so in writing by the ‘due date’ specified in the infringement notice setting out the grounds for your appeal.

Note that Council Authorised Officers will review each appeal independently and under the Infringements Act 2006 only one opportunity is available to appeal an infringement.

Pay your infringement notice: Payments section.

What types of infringements can I appeal?

  • Animals
  • Local Laws including Failing to comply with a notice to comply, Unsightly properties, Overhanging vegetation, Fire Hazard and others.
  • Health including Environment Protection Act (EPA), Food Act, Tobacco Act & Wellbeing
  • Parking - How to Appeal Parking Fine

Grounds for review

In order for an infringement notice to be considered for withdrawal, you must satisfy one of these grounds:

Special Circumstances

Special Circumstances may apply if you:

  • Have a mental or intellectual condition or a serious addiction to drugs or alcohol that may mean you are unable to understand the offence or behaviour was against the law, or unable to control the behaviour that was against the law.
  • If you were experiencing homelessness at the time of offence.
  • If you were experiencing family violence which resulted in you being unable to control the behaviour which constitutes an offence.

Special circumstances must include evidence that supports the circumstances you are referencing, such as evidence from your medical practitioner, social worker and/or drug and alcohol counsellor which includes:

  • the existence of the relevant condition; and
  • a summary of the applicant’s circumstances; and
  • the practitioner’s qualification, relationship and the period of engagement; and
  • whether in the opinion of the practitioner, there is a connection between the circumstances and the applicant’s offending behaviour; and
  • any other supporting evidence

Mistake of Identity

This means that you believe you were not the person who committed the offence.

Exceptional Circumstances

This refers to events which are unforeseeable and likely to be an unpredictable event or circumstance such as vehicle breakdown or medical emergency.

Please note that documentary evidence which supports this claim should be provided with your appeal, including time and date (this may include photos, medical certificates/reports or mechanical receipt/report).

An example of a circumstance that is not considered sufficient would be a pre-booked medical appointment that is delayed. Medical appointments are often known for running both over and behind time; it is always the responsibility of the driver to ensure they park legally and allow enough time for a circumstance such as this.

Person Unaware

This ground of review means you believe you were not aware of the infringement notice being issued.

You must make appeal within 14 days of becoming aware of the infringement.

Note that this ground cannot be used if:

  • The infringement notice was issued by personal service, for example hand delivered to you; or
  • You have moved address and not notified VicRoads, Council or other authority as the case may be within 14 days of your change of address.

Contrary to Law

This means that you believe the infringement notice is not valid.

  • Example (Parking Infringement): You believe that a timed parking area does not exist where you were fined.
  • Example (Animal Infringement): Where you have received an infringement for failing to register a dog or cat, when you believe your pet is registered with the Monash Council.

The above examples are not exhaustive and therefore may involve various circumstances.

To substantiate a claim of contrary to law we may need you to provide additional evidence such as photos, documentation and/or official records.

If you are experiencing financial hardship

If experiencing financial hardship, you are required to apply in writing demonstrating circumstances of financial hardship.

Alternatively, a payment plan (generally in the form of an extension of time) may be applied for in writing to Council. You may also apply for a payment arrangement with Fines Victoria by submitting a written request to Council who will lodge the request with Fines Victoria (not applicable for Local Law Infringement Notices).

Infringement types - details

Parking

Animal Infringement

Circumstances that are not ordinarily considered to satisfy the above Grounds for Review on Animal matters

  • Forgetting to register or renew an animal’s registration
  • Not being able to recall receiving an animal renewal notice
  • Being unaware that animal registration is required
  • Advising that the animal was believed to be registered because it was registered with the microchip register or vet.

Local Law Infringement

Local Laws Infringements include:

  • Fail to Comply with a Notice to Comply
  • Fire Hazards
  • Overgrown Nature Strips
  • Overhanging and encroaching Vegetation
  • Unsightly Properties

If you are unsure what type of infringement you have received, please contact Customer Service on 9518 3555.

Public Health Infringement

Public Health Infringements include:

  • Environmental Protection Act (EPA)
  • Food Act
  • Tobacco Act
  • Wellbeing

Circumstances that are not ordinarily considered to satisfy the above Grounds for Review on Public Health matters

  • Not being aware that your premises requires registration
  • Not being able to recall receiving a renewal notice
  • Forgetting to register your premises

How to appeal your infringement (other than parking)

After reading the information above, should you wish to appeal your infringement, you can do it:

Online

Lodge your appeal

You must include the following information:

  • Your name and address
  • The infringement notice number
  • Animal registration number, if applicable
  • The reasons why you believe we should review the infringement notice
  • If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

Mail / In person

Write to us or deliver a letter in person to either of the following locations:

  • Monash City Council
    293 Springvale Road
    Glen Waverley VIC 3150
  • Oakleigh Service Centre
    3 Atherton Road
    Oakleigh VIC 3166

You must include the following information:

  • Your name and address
  • The infringement notice number
  • Animal registration number, if applicable
  • The reasons why you believe we should review the infringement notice
  • If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

Email

Email your appeal, please email at mail@monash.vic.gov.au

You must include the following information:

  • Your name and address
  • The infringement notice number
  • Animal registration number, if applicable
  • The reasons why you believe we should review the infringement notice
  • If you are requesting an appeal on behalf of the infringement recipient, you must provide written consent from the infringement recipient to act on their behalf

What happens next?

The Process can take up to 90 days. Upon final review of your application, we will contact you with our decision. You are not required to pay the fine, unless required to do so in the final review outcome notification.

What happens if the appeal is unsuccessful?

You have the option of paying the infringement notice by the due date or taking the case to the Magistrates' Court.

You must write to us if you wish to refer the matter to the Magistrates' Court. If you fail to pay or respond within 28 days of the due date, escalation of the enforcement process will follow.