We understand COVID-19 is having a significant impact on our community so we are putting measures in place to support community members who have received infringement notices and are experiencing financial hardship.

While your infringement will not be withdrawn as a result of the financial hardship caused by COVID-19, we are able to temporarily pause instalment payments, or provide an extension of time to pay of up to 12 weeks.

To apply for a pause of your instalment payments or a 12 week extension of time to pay, please submit a payment plan application.

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

The grounds for your appeal may be:

• Contrary to law: you believe the infringement notice is invalid or you did not commit an offence.
• Exceptional circumstances: there are verifiable and unforeseen circumstances that are outside of your control which could excuse the conduct for which the infringement notice was issued.
• Mistake of identity: you believe the infringement has been issued to the incorrect person or company.
• Person unaware: you were unaware of the infringement notice being issued and are seeking to have the additional costs withdrawn. The original penalty amount will still need to be paid. To apply for a review on this ground, you must submit your application within 14 days of becoming aware of the infringement.  You should include evidence showing why you were unaware of the infringement.  This may include documentation to show you were overseas or that you recently moved house, or a police report to show your mail was stolen.
• Special circumstances: you were unable to either understand or control the conduct that led to the offence due to:
  • A mental or intellectual disability, disorder, disease or illness.
  • A serious addiction to drugs, alcohol or a volatile substance.
  • Homelessness.
  • Family violence.

How do I appeal an infringement?

To appeal an infringement notice:

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.

Submit your appeal:

 Submit an appeal online

• Email:   contactus@hume.vic.gov.au    

• 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.

Special circumstances

If you had a mental or intellectual condition or illness, were homeless, experiencing family violence or had a serious drug or alcohol addiction at the time of the offence, you may be able to apply to have the infringement reviewed under special circumstances.

Special circumstances may apply to you if, at the time of the offence:

• you had a mental or intellectual disability, disorder, disease or illness, or a serious drug or alcohol addiction, that meant you either:
  • didn't understand the behaviour was against the law
  • couldn't control the behaviour that was against the law
• you were homeless and your homelessness meant you couldn't control the behaviour that was against the law
• you were the victim of family violence and that meant you couldn't control the behaviour that was against the law.

Supporting documentation from a relevant practitioner will need to be provided to support your application.  This supporting letter can be from one of the following:

• in the case of a mental or intellectual condition:
  • general practitioner
  • psychologist, psychiatrist or psychiatric nurse.

• in the case of a serious addiction to drugs or alcohol:
  • general practitioner

• psychologist or psychiatrist
• case manager (from a community or social work facility)
• accredited drug treatment agency
• drug counsellor.

• in the case of homelessness:
• • general practitioner
  • psychiatrist
  • case worker or social worker
  • health or community welfare service provider.
• in the case of family violence:
• • medical practitioner
  • Victoria Police
  • family violence case worker or social worker
  • health or community welfare service provider.

The documentation provided should include:

• details of the person providing the information including their name, position and qualifications
• the relationship the person has with you
• a submission about your condition or situation
• an assessment on whether you condition or situation resulted in your inability to understand or control the conduct constituting the offence.

Grounds for an appeal that will not be considered

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

• Not being aware of the law
• Being new to, or unfamiliar with, Hume City Council
• Not receiving a warning letter, notice or direction before the infringement
• Forgetting to renew your pet's registration, or not receiving a renewal notice
• Not advising Council of your change of address.

How is the appeal reviewed?

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:

• uphold and confirm the decision to issue the infringement notice.  In this case a new due date for payment will be provided.
• 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 by post within 10 working days. However, if additional information is needed, this process can take longer.

A payment plan is available to any person or company. A payment plan can be an instalment plan, an extension of time to pay, or both. 

Instalment plan

Infringement penalties can be paid by weekly, fortnightly or monthly instalments. 

The minimum amount accepted for an instalment plan depends on the total penalties accrued. The total penalty amount for all infringements to be included on the plan will need to be paid off:

• within a 12 month period
• with payments of not less than $5.00 per week (excluding parking infringements), $10.00 per fortnight or $20.00 per month.

When your 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 details and conditions, and provide the payment due dates. 

Financial hardship instalment plan

A payment plan with reduced repayments amounts can be considered if a person is unable to meet the above requirements. To be considered, you will need to provide information relating to your income and expenses on the payment plan application form, or by completing the Payment Plan Request due to Financial Hardship form(PDF, 302KB) and sending this to Council by email to contactus@hume.vic.gov.au or by post.   

If approved, the total penalty amount for all infringements will need to be paid off:

• within a 24 month period
• with payments of not less than $5.00 per week (excluding parking infringements), $10.00 per fortnight or $20.00 per month.

When your 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 details and conditions, and provide the payment due dates . 

Extension of time to pay

An extension of time to pay of up to eight weeks can be granted upon request.  Multiple extensions of time can be offered but will not exceed the equivalent of 16 weeks.

How to apply for a payment plan

Submit a payment plan application online

Apply in writing:

Download the application form(PDF, 289KB), email to contactus@hume.vic.gov.au or print and send to:

Infringement Management
Hume City Council
PO Box 119
Dallas Vic 3047

If another person is writing for you, please ensure you include a note authorising this person to act on your behalf.

Defaulting on payment plan

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

Applying for a payment arrangement with Fines Victoria

A person or company can apply to Fines Victoria for a payment arrangement to pay a fine or multiple fines. A payment arrangement may include fines from different enforcement agencies, fines at different stages of enforcement, and court fines. A payment arrangement can allow a person or company to pay by instalments or provide an extension of time to pay.

Infringements issued under Council's General Local Law Nol. 1 - 2013 and the Planning and Environment Act 1987 are not eligible for a payment arrangement with Fines Victoria.

You may request Council refer your fine to Fines Victoria for a payment arrangement in writing, using the online form above or email contactus@hume.vic.gov.au.

You can request to receive an image of your offence or a copy of your original infringement notice here.

Photo or infringement notice request

Photos may not be available for all infringement offences.

Court

You may 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. 

Council will notify you that your Court request has been received and processed, and that proceedings will commence at the Magistrates Court, Broadmeadows.  Following this, the matter will be referred to the Court and you will receive a Charge Sheet and documentation confirming your Court date.

Additional costs may be incurred if the matter is referred to Court.

Submit a Court request

Work and Development Permit

If you are eligible, an accredited organisation may apply to the Director, Fines Victoria, for a Work and Development Permit on your behalf.

A Work and Development Permit (WDP) is an initiative to provide vulnerable and disadvantaged people with a non-financial option to address their fine debt. A WDP allows an eligible person to work off their fine debt by participating in certain activities and treatment. 

For more information regarding this scheme, and to identify an accredited sponsor, please contact the WDP Operational Team on 1300 323 483, by email or visit their website.

Family Violence Scheme

If you need help with your fines due to being affected by family violence, the Family Violence Scheme may be able to help you.  The scheme allows you to apply to have your fines withdrawn if family violence substantially contributed to the offence or it is not safe for you to name the person responsible for the offence.

To apply, complete the Family Violence Scheme Application on the Fines Victoria website.