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Requesting a Review of Your Infringement Notice

To assist you in requesting a review of infringement notice, please ensure you have read the following information.

Circumstances we will consider

In line with the Infringements Act 2006, you can request a review of your infringement notice if you believe that:

  • The infringement notice was issued contrary to law (you believe you did not commit an offence).
  • 'Exceptional circumstances' (verifiable and unforeseen circumstances outside of your control) could excuse the conduct for which the infringement notice was issued. For example:
    • A medical emergency (an injury/illness posing an immediate risk to a person’s life or long-term health)
    • A vehicle breakdown resulting in a parking infringement
    • A tree fell on your fence during storms and resulted in your dog escaping (the same day)
  • You were unaware of a notice having been served and that service of the infringement notice was not by personal service.
  • The infringement notice was issued to the incorrect person or vehicle. For example, you were not in the location or the incorrect registration was recorded.
  • You have 'special circumstances'. In relation to infringements, 'special circumstances' are considered to be:
    • A mental or intellectual disability, disorder, disease or illness; or
    • A serious addiction to drugs, or alcohol or a volatile substance; or
    • Homelessness; or
    • Family Violence

which results in a person being unable to either understand or control the conduct that led to the offence.

Circumstances we won’t consider

The following grounds are not considered valid reasons for the withdrawal of an infringement notice:

  • Being new to, or unfamiliar with the City of Knox or a particular Road Rule
  • Appointments or meetings running overtime
  • Running late to drop your children at school
  • A school area being so busy you could not park legally
  • A parking permit displayed incorrectly (e.g. face-down or blown off the dashboard)
  • Not noticing or misreading a parking sign
  • Being unaware of which vehicles can use Loading Zones or Permit Zones
  • Incorrectly displaying a dual-registration or transferable parking permit
  • Running out of petrol, or experiencing vehicle issues that did not require repair/towing
  • Forgetting to register an animal
  • Being unaware that animal registration was required.
  • Believing that because an animal was registered with a microchipping company you believed that it was registered with Council.

Information you need to provide

The Infringements Act 2006 allows you to make only one application for internal review.

This means that you need to provide all of the relevant information and any supporting documentation to the City of Knox when requesting a review. Council is audited, therefore a written record for all infringement notices is required.

In line with expectations set by the Victorian Auditor-General, the City of Knox requires verifiable independent documentation in order to consider the withdrawal of an infringement notice on the grounds of exceptional circumstances.

For example:

  • If you experienced a mechanical breakdown, you will need to provide an invoice for mechanical/roadside assistance or towing.
  • If you experienced a medical emergency, you will need to provide a letter from the hospital or treating medical practitioner confirming the emergency on the day.

Are you the registered owner of the vehicle?

Parking infringement notices are issued to ‘the owner’ of the vehicle. View further information about parking your vehicle in Knox.

If you are not the registered owner of the vehicle, you must supply one of the following documents with your request for review:

  • A Nomination Statement (PDF) completed by the owner, nominating you as the driver on the day in question
  • A letter from the owner authorising you to act on their behalf.

How will the internal review be conducted?

When undertaking a review, the City of Knox takes into account all of the available information, including:

  • Information collected by the issuing officer
  • Circumstances outlined by you in your request for internal review (and any supporting documents)
  • Requirements under the relevant legislation (for example, Road Safety Road Rules 2009, Environment Protection Act 1970 or Infringements Act 2006).

What happens next?

The internal review process can take up to 90 days and you will receive a written response by mail to your postal address advising you of the outcome. Whilst the review process is underway, the infringement will be placed on hold until an outcome has been decided.

If insufficient information is provided, we may contact you for additional details before reviewing your infringement notice. If this information is not received by the specified date, a decision will be made based on the information at hand.

Should the infringement be upheld, you will be advised of a new payment date.

If you do not pay an infringement notice or take any other action (for example, request a payment extension or elect to go to court) by the new due date, the matter will be referred to the Magistrates' Court or Fines Victoria for further enforcement and you will incur additional costs.

Having the matter heard at court

If you wish to have your matter dealt with in the Magistrates' Court, you need to notify Council in writing at:
Infringements and Compliance officer
Knox City Council
511 Burwood Highway
Wantirna South VIC 3152

Please note that additional costs may be incurred if the matter is referred to court.

How to apply for a review

Email: Complete the form Application for review of infringement with accompanying letter and documentation in support of your circumstances. Scan the documents and send as an email to knoxcc@knox.vic.gov.au requesting that the infringement notice be reviewed.

Post: Complete the form Application for review of infringement with accompanying letter and documentation in support of your circumstances to Council's Infringements and Compliance officer, requesting that the infringement notice be reviewed.

Information to be inclused in your review

To submit an application to have an infringement reviewed, by post or by email, you MUST include the following information:

  • Your name and address (we will respond in writing to the address provided). If providing a P.O. Box a residential address will also be required.
  • The infringement notice number
  • The vehicle registration number (where applicable)
  • An explanation of why you believe the infringement notice should be reviewed
  • Any supporting documentation.

Please send your application and supporting documentation to:
Infringements and Compliance officer
Knox City Council
511 Burwood Highway
Wantirna South VIC 3152

Please note that the Mayor and Councillors are unable to have any involvement in Council’s administrative functions, and are therefore unable to respond to requests for review of infringement notices. Please direct all requests for internal review to the Infringement Review team using the above address.

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