Internal reviews and special circumstances
If you receive an Infringement or Penalty Reminder Notice, you may request to have it reviewed.
An internal review is carried out by a person not involved in the decision to issue you with the notice.
Only one application for an internal review can be made per infringement.
When can I apply for an internal review?
You may apply for an internal review if you:
- believe that the decision made was not correct, or contrary to law
- believe there has been a mistake of identity
- were unaware of the notice and it was not personally given to you
- have special circumstances
- have other exceptional circumstances
- your fine resulted from family violence
Internal reviews are only available for fines that have not been referred to Fines Victoria. For more information visit the Fines Victoria website.
How to apply for an internal review
An application for review:
- must be made within 14 days of you becoming aware of the Infringement Notice
- must be in writing
- must state the grounds on which the decision should be reviewed
- must provide your infringement number, current address details and contact number
- may only be made once per offence.
You may authorise someone to make the application on your behalf.
You must explain why you think the decision should be reconsidered based on one of the grounds listed above. You may include any supporting documentation with your application.
You are encouraged to seek legal assistance before completing your application. Read Who can help? below
Send your application:
- by post to VEC, Reply Paid 76032, Melbourne Vic 8060
- by email to firstname.lastname@example.org
- in person to Victorian Electoral Commission, Level 11, 530 Collins Street, Melbourne, from 8.30 am to 5.00 pm, Monday to Friday, except public holidays.
Outcome of an internal review
After an internal review, the VEC can:
- withdraw the notice and take no further action against you
- withdraw the notice and issue an official warning
- refer the infringement to the Magistrates Court
- waive penalty reminder fees
- confirm the decision to issue you with an Infringement Notice.
If the VEC confirms its decision, you can:
- pay the Infringement Notice or Penalty Reminder Notice
- apply for a payment plan
- elect to go to court.
You may be able to have your fine withdrawn or cancelled if you had special circumstances that, at the time you were issued with the fine, meant you:
- didn’t understand your behaviour was against the law (see 1-3 below)
- couldn’t control your behaviour even if you knew it was against the law(see 1-5 below).
Special circumstances include:
- intellectual disability
- mental illness or disorder
- a serious addiction to drugs or alcohol
- family violence.
How to apply for a review based on special circumstances
To apply for a review based on special circumstances, you will need to provide a statement from a qualified practitioner or agency confirming:
- your condition or circumstance
- how it caused you to commit the offence.
What the application for review should include
This statement should be less than 12 months old. The VEC may accept a statement older than 12 months if you have a lifetime condition (e.g. an intellectual disability).
A statement should include:
- the practitioner’s or case worker’s qualifications and their relationship with you
- the nature, severity and duration of your condition or circumstance
- how your condition affected your inability to understand or control your conduct leading to the offence.
It would also be helpful if the statement included any treatment you have undertaken or are currently undertaking.
Applications may be made on the basis of 'exceptional circumstances'. This type of application may be made on any basis, but you will have to explain your circumstances and provide some evidence to back up your case (for example, a doctor's letter in the case of being ill).
Who can help?
you need legal assistance, you can contact any of the following organisations: