How do I apply for an Internal Review?

If you've received an Infringement Notice, Penalty Reminder Notice or Notice of Final Demand, you can apply to have your infringement reviewed by Greater Shepparton City Council. This is called an internal review.

You are allowed ONE internal review per infringement notice.

When can you request an internal review?

You, or a person acting on your behalf with your consent, may apply to Council for an internal review of the decision to serve the infringement notice if you believe any of the following apply:

  • Contrary to Law - the decision was contrary to law
  • Exceptional Circumstances - you did it, but you had exceptional circumstances
  • Mistaken Identity - there has been a mistake of identity
  • Unaware of the Notice - you were unaware of the notice and it was not personally given to you
  • Special Circumstances - you had special circumstances such as an intellectual disability, mental illness or disorder; alcohol or drug addiction; or are homeless (refer to the Special Circumstances section below)
  • Family Violence - your fines resulted from family violence (refer to the Family Violence section below)

How do I apply?

To apply for an internal review; please complete the Infringement Internal Review Application Form (available below) and return to Council with your supporting evidence. Please ensure to complete all required fields or your application will be invalid.

Note: You are required to provide evidence to support your application. It’s important you provide your most current address and contact details so we can contact you about your application if required.

How do I give my completed form to Council?

You, or a person acting on your behalf with your consent, can send the form in to Council via mail or drop the form into the Council office.

BY MAIL
Please attach a completed application form and supporting evidence and mail it to:
Greater Shepparton City Council
Locked Bag 1000
Shepparton VIC 3632
IN PERSON
Please complete an application form, attach supporting evidence and present between 8.15am and 5.00pm Monday to Friday at the Council offices, 90 Welsford St., Shepparton.

What happens after I have applied for an internal review?

Council will review your evidence within 90 days of receiving your application. It may take longer if you’re asked to provide additional information.

Your application for internal review will be assessed based on the information and evidence you provide to support your claim. Once a decision has been made, you’ll receive notice of the outcome in the mail.

What should I do if I have not heard from Council?

If you are unsure if Council Officers have received your application, please contact Council.

What evidence do I need to supply to Council?

You can supply as much evidence as you wish to support your application.

Can Council ask for more information?

Council may request additional information from you to assist with the review. If you receive a request, you must provide the additional information within 14 days from the date of the request

What happens if I need more time to get the additional information?

If you need additional time to get the required information, you may request in writing for an extension of time to provide the additional information.

What happens if I don't provide the additional information?

If you don’t respond to Council’s request for information, your application may be reviewed based on the information available.

What are the possible outcomes of an internal review?

Council will look at all of the information you have provided and make a decision. Council can decide to:

  • withdraw the fine and take no further action against you;
  • withdraw the fine and issue an official warning instead;
  • refer the matter to the Magistrates' Court (or the Children's Court if you're under 18);
  • waive or vary any fees associated with the fine;
  • waive or vary any additional steps imposed by the fine;
  • approve a payment arrangement; or
  • confirm the decision to issue you with the fine.

Once Council has made a decision, you will receive a notice in the mail to confirm to outcome of the internal review.

What do I need to do if the outcome is that I have to pay?

You will receive a notice that says:

  • how much you need to pay, and
  • the due date of when you need to pay.

You are then required to pay by the due date, apply for a payment plan or ask to go to the Magistrates Court.

I wish to apply under special circumstances

You may be able to have your fine withdrawn or cancelled if you had special circumstances at the time you were issued with the infringement that meant you:

  • didn’t understand your behaviour was against the law; or
  • couldn’t control your behaviour (even if you knew it was against the law).

Special circumstances include:

  • intellectual disability;
  • mental illness or disorder;
  • a serious addiction to drugs or alcohol;
  • homelessness; or
  • family violence.

How do I apply for Special Circumstances?

To apply, you will need to provide supporting evidence from a qualified practitioner or agency confirming:

  • your condition or circumstance; and  
  • how your condition or circumstances caused you to commit the offence.

I need help applying. Who can help me?

Your health practitioner or case worker can request a review on your behalf.

What supporting evidence do I need if I have an intellectual disability?

If you have an intellectual disability, mental illness or disorder, you will need to provide a report from your:

  • general practitioner;
  • psychiatrist;
  • psychologist; and/or
  • psychiatric nurse.

What supporting evidence do I need if I have an alcohol or drug addiction?

If you have an alcohol or drug addiction, you will need to provide a report from your:

  • general practitioner;
  • case manager;
  • psychiatrist;
  • psychologist;
  • accredited drug treatment agency;
  • accredited drug counsellor.

What supporting evidence do I need if I am homeless?

If you are homeless, you’ll need to provide a report from your:

  • case worker;
  • case manager;
  • approved agency (for example, The Salvation Army);
  • recognised health or community welfare service provider.

In relation to homelessness, the statement or letter must:

  • include details of current living arrangements (if any);
  • give details of period of homelessness;
  • demonstrate how this circumstance contributed to your receiving an infringement notice;
  • provide any additional information that may assist Council;
  • be signed and dated within the last 12 months; and
  • address the following questions;
    • What are your current living arrangements?
      • How long have you been homeless?
      • Were you homeless at the time of the offence?
    • Has homelessness resulted in you being unable to control your conduct that constitutes the offence?
      • If so, how did the homelessness contribute to the offences?
      • Do (or did) you suffer from any other illnesses that may be relevant in determining whether you were able to control or prevent the conduct for which the infringement was issued?
      • If so, are you taking medication or undergoing any treatment or rehabilitation?

What supporting evidence do I need if I am a victim of family violence?

If you have suffered from family violence, you will need to provide a report from your:

  • case worker or social worker (e.g. a specialist family violence case worker);
  • financial counsellor;
  • health practitioner (e.g. general practitioner, psychologist, psychiatrist, registered occupational therapist);
  • school principal or school welfare coordinator.

What is required to be included in my report?

The report must have been completed within the last 12 months. Your practitioner or agency report should include:

    • the details of the practitioner or case worker (including their qualifications);
    • an outline of your relationship with the practitioner and how long they’ve known you;
    • the nature, severity and duration of your condition or circumstance;
    • whether you were experiencing symptoms at the time of the offence; and
    • the connection between your offence and your circumstance.

Council may accept a report prepared outside the 12 month period if a condition is a lifetime condition (e.g. an intellectual disability).