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.

You can only apply for one internal review per infringement.

When can I apply for an internal review?

You may apply for an internal review if you:

* If you are applying for a review on the grounds that you were unaware, you must do so within 14 days of becoming aware of the notice.

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 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. Find out who can help.

Make an application

Download an Application for internal review form (PDF, 738kB)

Complete the form and deliver your application:

  • by email 
  • by post using the reply-paid number shown on your notice

or

  • complete our online webform. Please ensure you have your reference number and date of election or close of voting ready. This information can be found on your notice.

Outcome of an internal review

After an internal review, we may:

  • 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 we confirm our decision, you can:

  • pay the fine (Infringement notice or penalty reminder notice)
  • apply for a payment plan
  • elect to go to court.

Special circumstances

You may be able to have your fine withdrawn or cancelled if you had special circumstances that, at the time you were issued with the fine, meant you: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:

  1. intellectual disability
  2. mental illness or disorder
  3. a serious addiction to drugs or alcohol
  4. homelessness
  5. 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

Your statement should be less than 12 months old. We may accept a statement older than 12 months if you have a lifetime condition (e.g. an intellectual disability).

Your 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.

Exceptional circumstances

You may also make an application on the basis of 'exceptional circumstances'. You may make this type of application on any basis, but you will have to explain your circumstances and provide some evidence to back up your case.

Who can help?

If you need legal assistance, you can contact any of the following organisations:

  • Privacy collection notice

    The Victorian Electoral Commission (the VEC) collects this information in order to:

    • Assess your response to the failure to vote notices
    • Assess your application for an internal review

    Your personal information is being collected under the Electoral Act 2002 (Vic), Local Government Act 2020 and Infringements Act 2006, which:
    • Requires the VEC to collect personal information for the purposes of administering the enforcement of compulsory voting.
    • Supports the assessment of an apparent failure to vote and determining whether an infringement notice should be issued.
    • Permits enforcement agencies to collect personal information for the purposes of issuing infringement notices.
    • Requires the collection of personal data to review infringement notices, identify individuals and enforce penalties.

    If you choose not to provide your details, we will not be able to assess your response, and your failure to vote will remain outstanding. Any unresolved matters with the VEC are referred to Fines Victoria for further action.

    Mandatory sections not completed will be highlighted with an error message and you will not be able to proceed to the next section. Other fields collected in the form are optional. You can provide this information if it helps to support your response.

    We handle all personal information in line with the Privacy and Data Protection Act 2014 and Health Records Act 2001.

    You can contact us to request access to personal information we hold about you. To access your information, or for any other privacy questions please contact us at privacy@vec.vic.gov.au.

    To find out more about how we handle personal information, please see the VEC Privacy Policy.