If you have received an infringement from Moorabool Shire Council you can submit a request for a review by Council's internal review panel. By law, review requests must be submitted in writing and each infringement notice can only be reviewed once. The application should be forwarded to Moorabool Shire Council within 28 days from the date of issue of the notice to prevent additional fees.
Requesting a photograph of the offence
Before applying for an internal review, you can request to see images of the offence. Please note there is no legislative requirement for Authorised Officers to take photographs of offences. This means there may not be a photograph of the offence related to your infringement.
To request photo evidence of the offence, please click here.
The following must be included within your review:
- name and postal address,
- the infringement notice number,
- an explanation for why you believe the infringement notice should be reviewed (include any relevant supporting evidence), and
- the grounds on which you are applying.
The six main grounds for review are listed below
1. Contrary to Law
If you believe that the decision to fine you was inconsistent with the law, invalid or that the officer who issued the fine acted unlawfully, unfairly, improperly or outside their authority.
2. Mistake of Identity
If you believe you are not the person who committed the offence and that the fine was issued to you by mistake.
3. Exceptional Circumstances
If the offence was committed due to unavoidable or exceptional circumstances (medical emergency or a vehicle breakdown). Please include supporting evidence if applying under this ground.
4. Special Circumstances
If you can show that one or more of the following applies to you and resulted in you being unable to understand or control the behavior that led to your infringement.
5. Person unaware of fine
An application made on the grounds 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
6. Penalty reminder notice fee waiver request
If you believe the penalty reminder fee should be waived, you must provide the reason(s) why the penalty reminder notice fee should be waived. Note, the original penalty amount is still applicable under this request.
If you do not provide sufficient information, the enforcement agency may request further information. If you do not provide this further information within 21days of the date of request, the enforcement agency may determine the application without further information.
How to apply:
What happens next?
After you have completed and submitted your application, your fine will be placed on hold and no further fees will be added.
If we receive your request later than the due date, extra costs will be added to your infringement amount.
Council 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 Council’s request for information, your application may be reviewed based on the information available.
Once a decision has been made, you will receive notice of the outcome by email or post.
Other options available
If you do not want us to review your fine, or you have already received a review outcome, you can contact us for any of the following:
- to pay your fine to finalise the matter
- to apply for a payment plan or extension
- to elect to have the matter heard at court - you will need to put this is writing
- to nominate another person as the driver responsible for the parking fine
If you are eligible, you may also be able to undertake activities through a work and development permit with Fines Victoria.
Reasons that are not grounds for a review
Some examples of reasons that are NOT grounds for review are:
- first time fine
- running late for an appointment without other exceptional circumstances
- being delayed at an appointment
- running late for work or catching a train
- not knowing the road rules
- misunderstanding or not knowing about requirements to obtain an asset protection permit
- poor visibility due to weather
- not noticing a sign
- reading only part of a multi-panel sign
- being unable to read the sign from the front seat of the car
- forgetting to read the sign
- not noticing that a sign/restriction had been changed
- parking within 10m of an intersection
- stopping for a short time in a prohibited area (for example, stopping in a ‘no stopping’ area even if it is just to pick up or drop off passengers or goods)
- being new to the area and unfamiliar with the restrictions (this applies regardless of whether the driver is from Victoria, interstate or overseas)
- being unaware of the road rules (all licensed drivers are expected to be aware and comply with the road rules at all times)
- residents with a parking permit that have parked in the incorrect permit zone
- non-residents parking in restricted residents' areas