Appeal a public health infringement
Grounds for review
Please note: providing false or misleading documents will result in the review being automatically rejected and the infringement being upheld.
'Exceptional circumstances' means events that were unforeseeable.
Provide details of the exceptional circumstances where you have committed the offence due to unforeseen or unpreventable circumstances for example:
- medical emergencies
- temporarily parking a damaged vehicle, directly following involvement in an accident
- mechanical breakdown.
Supporting evidence
To claim Exceptional Circumstances, we need evidence that supports the exceptional circumstance, including its time and date.
Examples of satisfactory evidence include but are not limited to the below.
- medical evidence from medical practitioners
- invoices or receipts
- statutory declarations or affidavits
- witness statements
- photographs
- travel documentation
- police statements or records.
'Contrary to law' means that the decision to issue the infringement notice was unlawful.
For example, this may arise where:
- the infringement notice is not valid (for instance, it is incomplete, or it does not otherwise comply with the formal legal requirements for an infringement notice), or
- an infringement officer has acted unlawfully, unfairly, improperly, or beyond their authority in taking that action or decision.
Supporting evidence
If you are claiming contrary to law, you should provide supporting evidence. This may include photographs of parking signage, witness statements or other evidence that goes to establishing facts.
'Special circumstances' means you were affected by mental illness, intellectual disability, addiction, family violence, homelessness etc.
Special circumstances apply if you were affected by one of the following at the time of the offence:
- Mental disability, disorder, disease or illness
- Intellectual disability, disorder, or disease
- Serious addiction to drugs, alcohol or volatile substance
- Homelessness
- Family violence
- Long term condition/circumstances making it impracticable to deal with the fine.
Supporting evidence
To claim special circumstances you should provide supporting evidence — a letter, statement, report, family violence safety notice or a family violence intervention order — from the following parties can be accepted.
- mental or intellectual disability disorder, disease or illness: evidence can be obtained from a medical practitioner, psychiatrist, psychiatric nurse or psychologist
- serious addiction to drugs, alcohol or a volatile substance: evidence can be obtained from a medical practitioner, psychiatrist, psychologist, accredited drug treatment agency, drug counsellor, or case worker (from a community or social work facility)
- homelessness: evidence can be obtained from a medical practitioner, psychiatrist, case worker or social worker, health or community welfare service providers
- family violence: evidence can be obtained from family violence case workers or social workers, Victoria Police, medical practitioners or health or community welfare service providers
- long-term condition or circumstance: depending on the condition, the report can be obtained from a variety of relevant professionals to establish the severe or debilitating condition/circumstances.
'Mistaken identity' means that you weren’t the person who committed the offence.
For example, you were not the driver who committed the parking offence (the car was stolen or driven by someone else), or your registration number was recorded incorrectly.
Supporting evidence
If you are claiming mistaken identity, you should provide supporting evidence. This may include your birth certificate, driver’s licence or passport which shows:
- a different person than the one who received the infringement notice in the applicant’s name, or
- evidence that you could not have committed the conduct because they could not have been in the relevant location.
'Person unaware' means that you were not aware that you had an infringement notice.
An application made on the ground of ‘person unaware’ must:
- be made within 14 days of you becoming aware of the infringement notice (You may evidence the date that you became aware of the infringement notice by executing a statutory declaration)
- state the grounds on which the decision should be reviewed, and
- provide your current address for service.
Important
- You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.
- We will not withdraw your infringement under this ground. We will only consider waiving additional costs that may have been incurred.
- Providing false or misleading documents will result in the infringement being upheld.
