Request an infringement review

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 notethere 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

Special circumstances includes:

• a mental or intellectual disability, disorder, disease or illness
• a serious addiction to drugs, alcohol or volatile substance
• homelessness
• family violence within the meaning of the Family Violence Protection Act 2008, or
• a severe disabling long-term circumstance or condition making it impracticable to deal with the fine in any way.

You must provide evidence (for example a letter, report, or statement) from one of the following to support your application:

• case worker, case manager or social worker
• a general practitioner, psychiatrist or psychologist, or
• an accredited drug treatment agency.

Evidence from practitioner or case worker should include the following information:

• the practitioner/case worker’s qualification and relationship with you, including the period of engagement
• the nature, severity and duration of your condition or your circumstances
• whether, in the opinion of the practitioner/case worker, your condition/circumstances

a) contributed to a significantly reduced capacity to understand or control the conduct constituting the offence, or
b) make it impracticable to deal with your fine

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: