Fines and Infringements

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Paying a Fine

Appealing a Fine

What options are available to me?

Paying a Fine

Payment options

 Online payments:

 Other payment methods:

  • In person at a Council office
  • By mail with a cheque or money order addressed to Hume City Council, PO Box 119, Dallas VIC 3047

 

Applying for a payment plan

A payment plan is available to any person who is able to prove financial hardship.  A payment plan can be an instalment plan, or an extension of time to pay.

Instalment plan: The minimum amount accepted for an instalment plan depends on the total penalties accrued.  All infringements on an instalment plan need to be paid within a 12 month period, and repayment amounts will reflect this timeframe.  Council will not accept less than $20.00 per fortnight, or in the case of proven extreme financial hardship, $10.00.

When a payment plan is approved, your details will be referred to our recovery team who will accept instalment payments on our behalf. They will write to you outlining the payment plan conditions. 

If payment is not received within 14 days of the due date, the payment plan will be considered to be in default and cancelled.  In this case, you must make payment of the outstanding amount in full or re-apply for a new payment plan.  Payment plans will only be offered on 2 occasions.

A company will not be offered an instalment plan but may be offered an extension of time to pay.

Extension of time to pay: An extension of up to 8 weeks can be granted upon request.

Apply for a payment plan in writing to:

  •  Post:     Infringement Management
                  Hume City Council         
                  PO Box 119    
                  Dallas VIC 3047

 Appealing a Fine

If you believe you should not have received an infringement notice, you may apply to Council for an internal review (or appeal).

The grounds for your appeal may be:

  • The infringement notice was issued 'contrary to law' as you believe the infringement notice is invalid or the infringement officer acted unlawfully
  • Exceptional circumstances’ (verifiable and unforeseen circumstances outside of your control) which could excuse the conduct for which the infringement notice was issued.
  • There was ‘mistake of identity’ in that you are not the person who committed the offence.
  • 'Person unaware' of the infringement notice being issued.
  • You have ‘special circumstances'  which resulted in you being unable to either understand or control the conduct that led to the offence. ‘Special circumstances’ are considered to be:
    • A mental or intellectual disability, disorder, disease or illness.
    • A serious addiction to drugs, alcohol or a volatile substance.
    • Homelessness.
    • Family violence

To appeal an infringement notice, you must write to Council outlining the reasons for your appeal. Include your name, postal address, infringement number and any supporting documentation relevant to your appeal. If another person is writing for you, ensure that you include written authorisation for this person to act on your behalf.

Apply for a review of your infringement in writing to:

  • Post:     Infringement Management
                 Hume City Council
                 PO Box 119
                 Dallas VIC 3047

In accordance with the Infringements Act 2006, you are entitled to only one review of an infringement notice.

Grounds for an appeal that will not considered

The following grounds for appeal are not considered valid reasons for withdrawing an infringement notice:

  • Being new to, or unfamiliar with, Hume City Council
  • Not being aware of the legislation
  • Not receiving a warning letter, notice or direction before the infringement
  • Forgetting to renew your pet's registration
  • Not receiving a renewal notice
  • Changing your address and forgetting to tell Council
  • Your dog escaping from your property due to fireworks or thunder.

Appealing a Parking Infringement

 An appeal for a parking infringement can only be accepted from the registered owner of the vehicle unless the registered owner:

  • Submits authorisation for another person to act on their behalf
  • Completes a driver nomination statement nominating the person who was driving the vehicle at the time of the offence (in which case the driver of the vehicle can appeal the infringement).

If you were not the driver of the vehicle at the time of the parking offence, please fill in a Nomination Statement.pdf. This statement can also be completed and returned if you want the matter to be heard in a Magistrates Court.

Apply for a review of your parking infringement in writing to:

  • Post:      Hume City Council
                  GPO Box 425
                  Melbourne VIC 3001     

Grounds for an appeal of a parking infringement that will not considered

The following grounds for appeal are not considered valid reasons for withdrawing an infringement notice:

  • Not being aware of the Road Rules
  • Being delayed at a meeting or appointment
  • Not seeing or being able to read a parking sign
  • Not noticing the sign
  • Not noticing the sign had changed
  • Poor visibility due to weather
  • Stopping for a short time in a prohibited area, with the engine running
  • Parking in a permit zone without a permit or parking in the wrong permit zone
  • Being unable to leave work to move your vehicle

 

How is the appeal conducted?

Once your appeal has been received, your infringement will be placed on hold and a review of your infringement will be undertaken by an independent ‘review panel’ from the Infringement Management Unit. 

The review will consider:

  • The information collected by the issuing officer
  • The circumstances outlined in your appeal, and any supporting documentation provided
  • Council policy or guidelines relevant to the offence
  • Requirements under the relevant legislation

 

What happens next?

When deciding on a review, Council may:

  • Confirm the decision to issue the infringement notice
  • Withdraw the infringement notice and take no further action
  • Withdraw the infringement notice and issue an Official Warning
  • Withdraw the infringement notice and refer the matter to the Magistrates Court

You will be notified of the outcome of the appeal in writing within approx. 10 working days.  However if additional information is needed, this process can take longer.

If your appeal is unsuccessful, you will be given a new due date for payment.

     

What options are available to me?

The following options are available to you in relation to your infringement:

  • Apply to have the infringement notice internally reviewed 
  • Pay the infringement and any prescribed costs
  • Apply for a payment plan 
  • Elect to have the matter heard in the Magistrates Court, or the Children's Court if applicable.  This request must be submitted to Council in writing.  Please note additional costs may be incurred if the matter is referred to Court.
  • If you are eligible, an accredited organization may apply to the Director, Fines Victoria, for a Work and Development Permit on your behalf.

If you choose to take no action, the infringement will proceed through the following steps:

Step 1 - Initial Infringement Notice  If an infringement notice has been issued to you, to avoid added costs, you will need to pay the amount owing or take on of the above options by the due date.

Step 2 - Penalty Reminder Notice:     If you do not pay the amount outstanding, or take one of the options outlined above by the due date, a Penalty Reminder Notice will be issued and added costs will be incurred.  At this stage, you can still take one of the options outlined above.

Step 3 - Recovery action                   If you do not pay the amount outstanding, or take one of the options outlined by the due date of the Penalty Reminder Notice, the infringement may be referred to a recovery agency for further action.  At this stage, you can still take one of the options outlined above.

Step 4 - Magistrates Court:                If you do not pay the amount outstanding, or use one of the other options to finalise the infringement, the matter may be referred to the Magistrates Court, or the Children's Court if applicable.  You will no longer have the options available to you in earlier stages, however you may pay the infringement in full (including all costs) before the Court date.

If you do not attend the Court on the date of mention, the matter will be heard in your absence. If you are ordered to pay the infringement, you will receive a Court Order advising you how much you need to pay.  Payment must be paid to the Court and if payment is not received, a warrant will be issued.


Updated : 3:48 PM, 16 August 2017

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