You may apply for a review of your infringement with the Department of Transport and Planning if:
- The matter is still in the Infringement Notice or Penalty Reminder Notice stage
- You are able to provide clear copies of
- documentary evidence that supports your application for an infringement review.
- You have not already appealed the infringement.
If you have received a Final Demand Notice, you will need to contact Fines Victoria(opens in a new window).
If you are not the person named on the Infringement Notice, you must provide a signed letter of authority from the person who has received the fine.
How do I apply for an internal review?
- Review the grounds for review information.
- Complete the application form.
- Include file/s of your supporting evidence or type directly into the form.
- Include a Letter of Authority from the person named on the Infringement Notice if you are submitting on behalf of the person who has received the infringement.
Review process
Once we receive your request, the Department of Transport and Planning will review the matter and your supporting evidence.
If we need additional supporting evidence from you, the Department of Transport and Planning will send a written request to your residential address and/or email address.
You will have 14 days to respond to the additional supporting evidence request.
If you do not provide the additional supporting evidence, the Department of Transport and Planning will continue to review your matter and make its decision based only on the evidence already received.
The Department of Transport and Planning will send the outcome of the review to your residential address and/or email address where available.
If your infringement review is unsuccessful, you will be given 28 days from the review outcome date to pay the fine.
Possible outcomes
Some of the possible outcomes from an infringement review could include:
- Confirming the original decision to issue an infringement
- Withdrawing the notice with error and issuing a new notice in its place
- Withdrawing the notice and issuing an official warning in its place
- Withdrawing the infringement from the Enforcement Cycle and referring the matter to the Magistrates’ Court or Children’s Court
- Withdrawing the notice and taking no further action against you
- Waiving any prescribed Penalty Reminder fees you are required to pay.
Grounds for review
Exceptional circumstances
Exceptional circumstances are when you commit a public transport offence due to an unforeseen or unpreventable situation. For example, a medical emergency or a motor vehicle breakdown.
The Department of Transport and Planning requires you to provide supporting evidence or documents relevant to your circumstances, such as:
- Medical certificate, which details the medical emergency and/or condition including the appointment time, from a general practitioner or hospital
- Repair invoice from the towing service or mechanic
- Police report detailing the time, place and description of the exceptional circumstances
- myki card or bank statement that shows a history of regular fare payments and/or myki transactions
- Photographic evidence that shows the time and date when the myki system top up error occurred
- Photographic evidence that shows the time and date when the myki system fare scanning machine error occurred.
Special circumstances
Special circumstances may apply if you committed the offence and at the time of the offence you:
- had a mental or intellectual disability, disorder, disease or illness
- had a serious addiction to drugs, alcohol or a volatile substance
- were homeless, or
- were a victim of family violence.
OR
- you are unable to deal with your fines because of severe, disabling, long-term circumstances, not only because of your financial situation.
To support your application of special circumstances, the Department of Transport and Planning requires a current written report or statement from:
- A case worker, case manager or social worker
- A general practitioner, psychiatrist or psychologist
- An accredited drug treatment agency
- An occupational therapist
This written report or statement should include:
- The practitioner’s qualification
- The practitioner’s relationship to you and how long they have known you
- Your circumstance, including the nature, severity, duration and impact on your life
- The link between your circumstance and your offending behaviour or your long-term inability to deal with the fine.
Contrary to law
If you believe that the decision to serve the infringement notice is incorrect or unlawful, you can appeal the infringement on the grounds of contrary to law.
Public transport offences are listed in the following legislation. Please refer to Victorian Legislation(opens in a new window) for more information:
- Transport (Compliance and Miscellaneous)(Ticketing) Regulations 2017
- Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
- Transport (Compliance and Miscellaneous) Act 1983
- Road Safety Act 1986
The Department of Transport and Planning requires you to provide supporting evidence or documents such as:
- Photographic evidence that shows the time and date of the offence and /or parking signage
- Statutory declaration from third party witness
- Other evidence that goes to establishing facts.
Mistaken identity
If you believe that the person who committed the offence is not you, and / or that your identity has been stolen, you may apply for an infringement review on the basis of mistaken identity.
The Department of Transport and Planning requires you to provide supporting evidence or documents such as:
- Police report stating your stolen identity claim
- Statutory declaration from third party witness
- Other proof of absence from offence location (e.g. aeroplane boarding pass, interstate train/bus/ferry ticket, international arrival visa on passport).
Person unaware of fine
If you are not aware of or have not received the infringement notice served to you, then you may apply for an infringement review under Person Unaware of Fine.
The Department of Transport and Planning requires you to provide supporting evidence or documents such as:
- Statutory declaration from third party witness
- Proof of absence from residential address (e.g. Aeroplane boarding pass, interstate train/bus/ferry ticket, international arrival visa on passport).
You are responsible for notifying the relevant authorities if you change residential address. The Department of Transport and Planning only sends an infringement notice to authorised residential addresses. The infringement notice is deemed served once it has been sent to the authorised residential address, and from this point on, the Department of Transport and Planning can take action to enforce the infringement.
Penalty reminder notice fee waiver request
If no payment or other actions (i.e. an application for infringement review) are received by the due date stated on your infringement notice, you will be sent a Penalty Reminder Notice.
You will be then charged an administration fee in addition to the cost of penalty in the Penalty Reminder Notice. You may apply to have the Penalty Reminder Notice Fee waived if you did not receive or are not aware of the Infringement Notice.
The Department of Transport and Planning requires you to provide supporting evidence or documents such as:
- Police report stating your stolen mail claim
- Statutory declaration from third party witness
- Proof of absence from residential address (e.g. aeroplane boarding pass, interstate train/bus/ferry ticket, international arrival visa on passport).
You are responsible for notifying the relevant authorities if you change residential address. The Department of Transport and Planning only sends an infringement notice to authorised residential addresses. The infringement notice is deemed served once it has been sent to the authorised residential address, and from this point on, the Department of Transport and Planning can take action to enforce the infringement.
Contact us
Please contact us at tro@transport.vic.gov.au if you have any questions regarding your application for review.
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