Request a review (appeal a fine)

If you have received an Infringement Notice (commonly called a fine) issued by Melton City Council and you would like to appeal the fine, you may be able to apply to have your fine reviewed.  This type of review is called an Internal Review.

Melton City Council can only review infringement notices (fines) that have been issued by Melton City Council.  If your fine has been issued by another enforcement agency, you will need to contact the issuing agency.

Under the legislation, you can only request one internal review for each fine.  You must submit either an online application or in person at one of our Customer Service Centres by the 'due date' specified in the infringement notice and setting out the grounds for your appeal. 

You can appeal fines issued by Melton City Council.  This includes, but not limited to, fines issued for:

• Parking
• Animal management
• Environmental protection
• Fire safety
• Local Laws (for example fines related to asset protection permits, building sites, litter, unsightly properties), and 
• Health (for example fines related to food or tobacco).

The law requires only the person named in the infringement notice, or another person with the consent of the person named in the infringement notice, can apply for a review.

For parking fines, this includes:

• the registered vehicle owner
• someone acting on the vehicle owner’s behalf with their consent or
• a person who has been formally nominated as the driver.
    

For other fines, this includes litter, liquor, local laws, or domestic animal fine: 

• the person issued with a fine (whose name is written on it)
• a person acting on their behalf with their consent
• the company director (or authorised representative) if the fine is issued to a company.
    

The person named in the infringement notice must provide Council with written consent for another person to apply for an internal review of their fine.

You can only request an Internal Review if your circumstances fall under one of the following grounds:

1.  Person unaware: you did not know about the fine

You can request a review under this ground if all the following apply:

• you found out about the fine within the last 14 days, and 
• the fine was not personally given to you by an officer.

If you moved house but you did not change your authorised address with VicRoads and Melton City Council within 14 days of moving, your application may not be successful.

Your application for internal review may not be successful unless you provide evidence showing you did not know about the fine. This could be evidence such as:

• a copy of your passport or boarding pass showing you were overseas, 
• an invoice from a removalist showing that you moved house, or
• a report about mail theft or a statutory declaration.

You must submit your application for internal review within 14 days of the date you became aware of the fine.

If your application for internal review is successful, you will be granted a further 21 days to deal with your fine.

Please note, the grounds for 'person unaware' does not include being unaware of the law or circumstances of the offence. 

2.  Contrary to law: the fine is invalid or was improperly issued to you

You can apply under this ground if you believe that Melton City Council's decision to fine you was inconsistent with the law. 

For example, the officer who issued the fine acted unlawfully, improperly or outside their authority, or you believe the officer did not have the evidence to issue the fine.

3.  Mistake of identity: the fine was issued to the wrong person

You can request a review under this ground if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim. 

For example, someone provided your licence or gave your details to the enforcement officer, or you have the same name as another person or family member and the wrong person received the fine.

This review ground does not apply if someone else was driving your vehicle at the time of the offence, you are the registered owner of the vehicle and you received a fine. If this applies to you or your company, do not use this review ground to request a review.  You should instead nominate a driver by downloading and completing a nomination form(DOCX, 232KB) as soon as possible.  

4.  Exceptional circumstances: the offence occurred due to an extraordinary or unavoidable situation

You should only select this ground if you can show that the offence occurred due to circumstances that were out of the ordinary, unavoidable, unforeseen, exceptional or unpreventable – such as a medical emergency or a vehicle breakdown.

5.  Special circumstances: you have serious personal issues, conditions or difficulties

These circumstances are very specific. You should only select this ground if you committed the offence and can show that:

at the time of the offence you:

• had a mental or intellectual disability, disorder, disease or illness
• had a serious addiction to drugs, alcohol or a volatile substance
• were homeless
• were a victim of family violence,
• you cannot deal with your fines because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence, or
• you experienced circumstances that are long-term in nature, make it impracticable for you to pay the infringement penalty and do not solely or predominantly relate to your financial circumstances.
    

You will need to provide evidence from a qualified practitioner or agency to support your application.  For more information on what is required and how to apply, visit the Fines Victoria website, Special Circumstances.

Please note financial difficulties due to increases in cost of living do not qualify under the definition of special circumstances. Please refer to page one of the application form for information on requesting time to pay. 

The Family Violence Scheme

If you have been impacted by family violence, the Family Violence Scheme (FVS) is another option to help victim survivors deal with fines if there is a link between the family violence and their fines. 

The scheme helps victim survivors with infringement fines where there is a link between their experience of family violence and the offence committed.

If an FVS application is successful, for fine(s) issued by Council, Fines Victoria will direct Council to:

• withdraw the fine(s) and take no further action, or
• if this is what the applicant has requested, keep the fine(s) on hold so they can nominate the responsible person in the next six months.

If an FVS application is unsuccessful, the enforcement of the fine(s) will continue. The fine recipient will need to pay or take other action to deal with it.

Please visit the Fines Victoria website, Family Violence Scheme for more information and assistance. 

To substantiate the claim/s you raise in your application, Melton City Council requires supporting evidence that links your circumstances to the fine. Evidence to support your claims should be provided with your application.

Please note that providing false or misleading documents will result in the review being automatically rejected.

Examples of supporting evidence can include, but are not limited to:

• medical reports
• bank statements
• hospital admissions documentation
• police statements or reports (including mail theft reports made to Victoria Police or Australia Post)
• travel documentation (for example, copies of flight itineraries, date-stamped passports, boarding passes, or international movement records)
• removalist invoices
• tow truck or mechanic's invoices
• identification documents (for example, driver's licence, birth certificate)
• Motor Vehicle Transfer documents or other proof of sale of a motor vehicle
• VicRoads reports or receipts
• Any other information or evidence that supports your claim.

Please provide as much information and supporting documentation as you can, as this will help Melton City Council's Internal Review team make a decision. 

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.

When reviewing a fine, we'll take into account all of the available information, including:

• information collected by the officer who issued the fine, which may include photographs
• circumstances and any supporting documents provided in your application or by third parties
• requirements under the relevant legislation.  

If your application is successful, depending on the grounds you applied under, Council can decide to: 

• withdraw the fine and take no further action against you
• withdraw the fine and issue an official warning instead
• refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
• approve a payment arrangement
• waive or vary any fees associated with the fine
• waive or vary any additional steps imposed by the fine
• confirm its decision to issue you with the fine. 

If the application is not successful, you will receive a notice by email or mail to confirm:

• Council's decision
• how much you need to pay
• when you need to pay it by
• any other options available to you.
    

You have the option of paying the infringement notice by the due date or you can apply to have your matter heard in the Magistrates' Court – see Fines Victoria website, Dispute your fine in court. This gives you (or your representative) a chance to present your evidence in front of a magistrate who will make a decision about your matter. This must be requested before the infringement due date.

Taking an infringement to court incurs extra costs. Legal advice should be considered before making an application.

If you chose to have your matter dealt with in the Magistrates' Court you must notify Melton City Council before the due date on the infringement notice and in writing via any of the following:

• In person at one of our Customer Service Centres
• Email: infringements@melton.vic.gov.au (make sure your email is less than 10MB)
• By mail to: Infringements, Amenity Protection Team, Melton City Council, PO Box 21 Melton Vic 3337  

If you are not satisfied with the outcome of your infringement review, you can have your matter heard in the Magistrates' Court – see Fines Victoria website, Dispute your fine. This gives you (or your representative) a chance to present your evidence in front of a magistrate who will make a decision about your matter. This must still be requested before the infringement due date.

Taking an infringement to court incurs extra costs. Legal advice should be considered before making an application.

If you chose to have your matter dealt with in the Magistrates' Court you must notify Melton City Council before the due date on the infringement notice and in writing via:

• In person at one of our Customer Service Centres
• Email: infringements@melton.vic.gov.au (make sure your email is less than 10MB)
• By mail to: Infringements, Amenity Protection Team, Melton City Council, PO Box 21 Melton Vic 3337