How do I apply for an Internal Review?

Exceptional circumstances

Please provide details of the exceptional circumstances (where you have committed the offence due to unforseen or unpreventable circumstances eg: medical emergencies).

You must provide evidence of the exceptional circumstances such as:

• Hospital admission documents
• Medical certificates
• Police reports
• Statutory declaration

Contrary to Law

Please provide the reasons why you consider the decision to issue you with an Infringement was unlawful (eg: the Infringement was not valid).

You must provide evidence that the infringement was issued contrary to law such as:

• Photographs of scene
• Statutory declaration
• Animal registration receipt
• Microchip record
• Surrender form
• Veterinary certificate

Special circumstances

These circumstances are very specific. You can only apply if you can show that:

• you committed the offence in part because you
  • had a mental or intellectual disability, disorder, disease or illness
  • had a serious addiction to drugs, alcohol or a volatile substance
  • were homeless (you live in crisis accommodation, transitional accommodation, other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth, or have inadequate access to safe and secure housing within the meaning of section 4(2) of the Supported Accommodation Assistance Act 1994 of the Commonwealth)
  • were affected by family violence (within the meaning of the Family Violence Protection Act 2008) OR·
• you cannot deal with your Infringement because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence.

AND·

• You must show a link between your special circumstances and your offending behaviour.
• If you have a mental illness, intellectual disability, or a serious substance addiction, you need to provide evidence of how this reduced your capacity to:
  • understand your behaviour was against the law, or
  • control your behaviour (even if you knew it was against the law).
• If you are homeless or a victim of family violence, you need to provide evidence of how this reduced your capacity to control your behaviour (even if you knew it was against the law).
• If your Infirngement resulted from family violence, you may be able to apply under the Family Violence Scheme.

Long-term circumstances linked to your ability to deal with your infringement

If you are not able to deal with your infringement due to severe disabling long-term circumstances, you need to provide evidence that your circumstances:

• are long term and severe, disabling or incapacitating, and
• relate mostly to issues other than financial hardship, and
• make it impracticable or unfeasible for you to deal with your Infringement by:
  • paying in full
  • paying in instalments
  • completing activities or treatment under a Work and Development Permit
  • applying for the Family Violence Scheme.

You must provide evidence from a practitioner or agency who is familiar with your circumstances.

Depending on your circumstances, this may be your:

• doctor or medical specialist
• psychiatrist or psychologist
• social worker or case worker
• accredited drug treatment agency or drug counsellor
• financial counsellor
• recognised health, support or welfare agency (for example, the Salvation Army).

Evidence may include, reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices. 

Your practitioner or agency report should include:

• your practitioner's qualifications
• your practitioner's relationship with you and how long they have known you
• an explanation of your circumstances, including its nature, severity, duration, and impact on your life
• the link between your circumstances and your offending behaviour.

In the case of severe, disabling long-term circumstances, the report should also include information on the link between your circumstances and your inability to deal with the Infringement.

Your evidence should be signed and dated within 12 months of the date of your application. You can provide evidence that is older than 12 months if it relates to a permanent condition, such as an intellectual disability. 

Mistaken Identity

Please provide an explanation of why you rely on the ground of mistake of identity

You must provide evidence of the mistake of identity such as:

• Copy of your driver’s licence showing your identity
• Animal registration or microchipping certificate
• Veterinary records 

Person Unaware of Infringement 

An application made on the ground of ‘person unaware’ 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, and
• provide your current address for service.

Note: The original penalty amount is still applicable under this request.

You must provide evidence that you were unaware, such as:

• a passport showing you were overseas;
• mail theft records
• VicRoads change of address notification
• Statutory declaration

Please note that if the application for person unaware is accepted, the original Infringement notice is reinstated. This gives you the original time to pay or elect to have the matter heard in the Magistrates Court. If it has escalated to late-stage fees, those additional costs are usually waived. 

Penalty Reminder Notice Fee Waiver

Please provide the reason(s) why you believe the Penalty Reminder Notice Fee should be waived.Note: The original penalty amount is still applicable under this request.