Infringements and Fines

An Infringement Notice will give you at least 28 days to pay or take other action. If you do not act by the due date on the Infringement Notice, you may be issued with a Penalty Reminder Notice which will include additional costs.

The infringement penalty amount is set by legislation and cannot be changed by the agency that issued you the Infringement Notice.

If you are having difficulty paying your infringement by the due date, you may be eligible to receive a Payment Plan (by way of extension of time only), to pay your infringement under the Infringements Act 2006. Community members are eligible for a Payment Plan where they hold one of the following:

• A Centrelink Pensioner Concession Card.
• A Department of Veterans' Affairs Pensioner Concession Card or Gold Card.
• A Centrelink Health Care Card.

Council will also consider granting an extension of time to other community members, if they are experiencing financial hardship.

Please note: An extension of time cannot be granted if an Infringement Notice has been issued to a company.

If you would like to apply for an extension of time to pay your infringement, please contact Council.

If you have received a fine for an offence committed by another driver in your vehicle, you can nominate that person as the driver responsible for the offence. If you intend to do this, do not pay the fine. You must nominate the person responsible before the due date shown on your notice.

Download, print and complete Part 1 of the Infringement Nomination Form, and send your completed form to Wellington Shire Council, PO Box 506, Sale VIC 3850. Once your form is received, you will be notified in writing.

• If your Nomination Statement is accepted, your fine will be withdrawn and a new fine will be issued to the person you have nominated.
• If your Nomination Statement is not accepted, you remain responsible for paying the fine.

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If you believe you have been unfairly issued with an infringement, you can have it reviewed. If you've received an Infringement Notice or Penalty Reminder Notice, you can apply to have the fine reviewed by the agency that issued your original fine. This is called an Internal Review. You are allowed one Internal Review per Infringement Notice.

Your application will be assessed:

• If the infringement has been issued unlawfully (contrary to law).
• If there has been a mistake of identity.
• If you have special circumstances (If your application for internal review is made on the grounds that you have special circumstances, and the issuing agency decides to enforce the offence, they must lodge the matter with the Magistrates' Court (or the Children's Court if you are under 18 years of age) and request a formal hearing).
• If there are other exceptional circumstances.

You may apply in writing or online by completing the Application for Internal Review of Infringements Form.

Internal reviews are not available for:

• Excessive speeding.
• Drink-driving offences.
• Drug-driving offences.
• Alcohol or drug-related boating offences.
• Court issued fines.

You must complete all sections of the form for your application to be valid. Your request must be submitted before the due date of the infringement.

Once your form is submitted, you will receive a letter confirming we have received your application for internal review. Wellington Shire Council's Formal Review Committee will conduct your review. This is usually completed within 90 days, however, may take longer if they request further information from you. The Formal Review Committee can decide to:

• Confirm the decision to serve an Infringement Notice.
• Withdraw the Infringement Notice and replace with an Official Warning.
• Withdraw the Infringement Notice.
• Withdraw the Infringement Notice and refer the matter to Court.
• Waive all or any of the prescribed costs.
• Approve an extension of time payment plan.
• A combination of the above.

Once a decision has been made, you will be notified in writing of the outcome.

The Family Violence Scheme

If you have been impacted by family violence, the Family Violence Scheme is an option to help victim survivors deal with fines if there is a link between the family violence and their fines. For more details and support, please visit the Family Violence Scheme page.

Explore additional information on fines and reviews at the Fines Victoria website. Please note that requests for internal reviews of infringements issued by Wellington Shire Council must be submitted either in writing or via the Application for Internal Review for Infringements form on Council's website.

It is your right to have the matter of an infringement heard in Court.

If this is your decision, please download, print and complete Part 2 of the Infringement Nomination Form. You must complete all relevant sections of the form for your application to be valid. Once your form is submitted you will receive a letter confirming that we have received your request to proceed directly to the Court.

The matter will be lodged with the Sale Magistrates Court and you will receive a summons to appear on a specified date.

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