Transport infringements - internal review
This page provides summary information regarding internal reviews, further detail can be found at www.fines.vic.gov.au
Information on this page:
- When can I apply for an internal review?
- How to apply for an internal review?
- What happens to my review?
- What should I include in my review letter?
- Possible review outcomes
- Amount of penalties
When can I apply for an internal review?
You may apply to the Department of Economic Development, Jobs, Transport and Resources Transport and Resources for an internal review if you believe that:
- there has been a defect or mistake made (in issuing the infringement notice)
- there has been a mistake of identity
- you have special circumstances (see detail on the Infringement Notice)
- there are other exceptional circumstances.
In your application you must explain why you think the decision to issue an infringement notice should be re-considered based on one of the grounds listed above.
How to apply for an internal review?
You can apply for an internal review in writing to the department. Your letter must include:
- your name and address,
- the grounds for internal review
- the infringement number
- all the circumstances you would like considered in your appeal, and
- photocopies of any supporting documents or other evidence (do not send originals).
Send the letter to:
Case Review Area
Transport Infringement Administration
GPO Box 2797
Melbourne VIC 3001
What happens to my review?
As the result of an internal review, the department can:
- confirm its decision to issue you with an infringement notice
- withdraw the infringement notice and take no further action against you
- withdraw the infringement notice and issue an official warning in its place.
- withdraw and refer the matter to the Magistrates' Court or Children's Court
- waive or vary any additional fees payable, or
- approve a payment plan.
What should I include in my review letter?
You can include whatever details you wish in your review request. However, the review is part of a statutory process. The only matters the department reviews and responds to are those that are pertinent to the alleged offence.
Possible review outcomes
As each matter is considered on its merits, we cannot tell you what will happen with your fine. The following information is provided to give an indication of how some scenarios are dealt with at the department.
If you have received an infringement notice for failing to carry your concession entitlement, and you had a valid entitlement at the time, forwarding a photocopy of the front and back of that entitlement will normally result in a the penalty being withdrawn and replaced by an official warning. That will not necessarily be the case if you have previously received this leniency.
If your version of events varies considerably from the evidence held by the department, infringement notices are not normally withdrawn. It is the role of the Magistrates' Court to resolve factual inconsistencies. The option of having the matter considered in that court is available to all people who receive infringement notices.
Ticketing offences- honest and reasonable mistake
If the department was to accept advice of honest mistake, ticketing law would be, for all intents and purposes, unenforceable. Fare evaders and people making an honest mistake would all need to be granted leniency. This would have a massive impact on the public purse and the honest fare paying passengers.
As a result, ticketing law has had to be made absolute liability. Absolute liability means that, in normal circumstances, people advising that they made an honest mistake will not have their matters withdrawn on review.
Is age taken in to account?
The penalty system takes account of age through significantly lower penalties for people under 18 years old. As a result, age is not taken in to account in the review process.
We recognise that the infringements process can lead to an emotional response from people involved and those representing them. The department cannot make decisions with regard to infringements on the basis of emotions. To do so would unfairly discriminate against other participants in the process. The department can only deal with the facts of a case and its legal responsibilities to apply the law fairly to all people.
Amount of penalties
Public transport penalties have been set having regard to the seriousness of the illegal activity. Ticketing and behavioural offences have been identified as major concerns affecting revenue levels, safety and amenity on the public transport system. Fine amounts have been set accordingly.
The penalty amounts are set by legislation and cannot be adjusted by the department.
Page last reviewed on 21 March 2016