Want to appeal a fine?
Things to know about making an appeal:
- An appeal can be made by yourself or by somebody acting on your behalf with your consent.
- An appeal must state the grounds on which you consider the decision should be reviewed.
- You must provide your current address and infringement number.
- To avoid additional costs and enforcement action being taken against you, a request for a review should be made prior to the due date listed on the infringement notice.
What are grounds for appeal?
An unforeseen or unpreventable circumstance. For example, medical emergencies.
Contrary to law
If you believe the infringement was unlawful or not valid.
- a mental or intellectual disability, disorder, disease or illness
- a serious addiction 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 should include:
- 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 you were suffering from the relevant condition or circumstances at the time the offence was committed, and
- 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.
A case of mistaken identity. You would need to include evidence such as a copy of your driver's licence.
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.