Description of relevant grounds for internal review appeal

1 Exceptional Circumstances

Please provide details of the exceptional circumstances (where you have committed the offence due to unforeseen or unpreventable circumstances, e.g. medical emergencies).

 

2 Contrary to Law

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

 

3 Special Circumstances

Special circumstances includes:

  • A mental or intellectual disability, disorder, disease or illness

  • A serious addition to drugs, alcohol or volatile substance

  • Homelessness, or

  • Family violence within the meaning of the family Violence Protection Act 2008.

 

You must provide evidence (e.g. letter, report, statement) from one of the following parties to support your application.

  • A case worker, case manager or social worker

  • A general practitioner, psychiatrist or psychologist, or

  • An accredited drug treatment agency.

 

Evidence (e.g. letter, statement or a report) from practitioner or case worker should include the following formation:

  • 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:

  1. Whether you were suffering from the relevant condition or circumstances at the time the offence was committed, and

  2. Whether, in the opinion of the practitioner/case worker, it is more likely than not that your condition/circumstances resulted in your inability to understand or control the conduct constituting the offence.

 

The practitioner or agency report must show that because of your condition/situation you could not understand or control constituting the offence.

 

4 Mistaken Identity

Please provide an explanation of why you reply on the ground of mistake of identity (including evidence e.g. copy of your driver’s licence, in support).

 

5 Person Unaware of Fine

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.

 

6 Penalty Reminder Notice Fee Waiver Request

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.

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1300 363 394

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