Infringement Review

Infringements of the General Local Law 2018 

Local Laws is an important part of life in the Glenelg Shire, providing a safe, healthy environment for community.   At times Infringements may be issued under Local Government Act 1989, due to a breach of local laws.  

Infringement Notices may be issued by Local Laws Officers for a range of offences relating to Animals, Parking or other breaches of Glenelg Shire Council General Local Law 2018(PDF, 360KB)

Persons who receive an Infringement may: 

  • Pay the infringement, using one of the options listed on the Infringement Notice.
  • If there are extenuating circumstances relating to the Infringement, you can refer the matter to the Glenelg Shire Council Review Panel. See below for more information on Infringement Review.  
  • Have the matter referred directly to Court for consideration. This must be requested by contacting Council in writing.  

 

After you have completed and submitted your application, your fine will be placed on hold and no further fees will be added.

We 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 the agency's request for information, your application may be reviewed based on the information available.

 


Request an Infringement Review



Step 1.Complete the Infringement Review Form 

Applications for an infringement review must be in writing and only one review request per offence is allowed.    Infringement Review Form.

Step 2.What you Should Include 

  • A copy of your Infringement Notice should be uploaded with your application.
  • You will need to provide your Infringement Notice reference number.
  • When requesting an Infringement Review, you may need to provide additional documentation.  This will depend on the Grounds for Review, as detailed below:
    • Person Unaware. You can request a review under this reason if all of the following apply
      • You found out about the fine within the last 14 days, and fees had already been added;
      • The fine was not personally given to you by an officer, and
      • If you moved house but you did not change your authorised address with the relevant agency (for example, VicRoads or Council) within 14 days of moving, your application may not be successful. Your application may not be successful unless you provide evidence showing you did not know about the fine. This could be a copy of your passport or boarding pass showing you were overseas, an invoice from a removalist showing that you moved house, a VicRoads address change confirmation, or a report about mail theft. You must submit your application within 14 days of the date you became aware of the fine. If your application is successful, you will be granted a further 21 days to deal with your fine and any fees added to your fine will be removed.
    • Contrary to the Law. You can request a review under the Contrary to Law ground if you believe that the enforcement agency's decision to fine you was inconsistent with the law. For example, the officer who issued the fine acted unlawfully, improperly or outside their authority or the fine does not comply with the legal requirements of an infringement notice.

    • Mistake of Identity. You can ask for a review for this reason if you have been incorrectly identified as the person who committed the offence, and you have evidence to prove this. For example - If you know who was driving the car when the offence happened, you should tell us their details. If that has happened, you should nominate the driver via Statutory Declaration.


    • Exceptional Circumstances. You should select this reason only if you can prove that the offence happened because of unusual, unavoidable, or exceptional circumstances, like a medical emergency or a vehicle breakdown.

    • Special Circumstances. These circumstances are very specific. You can select this reason if you committed the offence in part because:

• you had a mental or intellectual disability, disorder, disease or illness
• you had a serious addiction to drugs, alcohol, or a volatile substance
• you were homeless
• you were a victim of family violence, or
• you cannot deal with your fine/s because of severe disabling long-term circumstances.

You must provide recent document/s that supports the special circumstances. Depending on your situation, this may be a report from a specialist who treats you, like a psychologist, psychiatrist, social worker, or case manager.  The report should explain your situation, how it affected you when the offence happened, and what steps are being taken to stop it from happening again. More information about Special Circumstances is available on the Fines Victoria website.

After you have completed and submitted your application, your fine will be placed on hold and no further fees will be added.

We 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 the agency's request for information, your application may be reviewed based on the information available.

If you need further information or have any questions regarding the Infringement Review Process, please contact our customer service team on 1300 453 635.

 

The Process

Step 1.Receipt of Request for Review 

A Council officer receives the request and ensures all documentation has been provided to support the review process.   We may contact you for further information if required.  

Step 2.Panel Assessment 

The review panel will take into account factors relating to your application and the Infringement Policy and review criteria.  

Step 3.Panel Outcome 

An outcome will be determined relating to the request, ie. confirm the decision to serve an Infringement notice, issue a warning (withdraw infringement), withdraw Infringement, or cancel the Infringement and refer to Court.  In addition to the above, payment plans or other arrangements may also be recommended. 

If an applicant is not satisfied with the outcome of the infringement review, a formal complaint can be submitted for review by Council.