Fines and infringements

You can appeal your infringement if you believe there are grounds for the infringement to be withdrawn or you believe the infringement was issued by mistake.

As you can only request one review of your infringement, you must provide all relevant information with your application to help us make a decision.

When your application is received, your infringement will be put on hold whilst a review is undertaken and you will be advised of the outcome in writing, usually within 10 working days.  

An application can be submitted for one of the following reasons:

• Contrary to law: you believe the infringement notice is invalid, was improperly issued to you or you did not commit an offence. You can provide photographs, witness statements or other evidence to support your application.
• Exceptional circumstances: there were extraordinary or unavoidable circumstances that were outside your control which could excuse the conduct for which the infringement notice was issued. You can provide a letter from your doctor, invoices or receipts, a statutory declaration or affidavit, a witness statement, photographs, travel documentation, etc to support your application.
• Mistake of identity: you believe you were not the person who committed the offence and the fine was issued to you by mistake. You can provide identification (birth certificate, drivers license, passport etc) to show you are not the person who committed the offence, or other evidence like travel documents etc to show you could not have been at the location.
• Person unaware: you were unaware of the infringement notice being issued and are seeking to have the additional costs withdrawn. This application will not result in the infringement notice being withdrawn and the original penalty amount will still need to be paid.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 had significantly reduced capacity 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.
  • A long term condition or circumstance.
    For more information about special circumstances, see section below.

How do I appeal an infringement?

An appeal can be submitted at any time before the expiry of the period to which the infringement notice relates, unless the matter has been referred to Court. This is usually within 12 months of the offence. However, if an application is not received by the due date of the notice, additional fees will be incurred.

For a person unaware application, the application must be submitted within 14 days of becoming aware of the infringement notice.

You will need to write to us outlining the reason for your appeal. Include your name, postal address, infringement number and provide 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

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, or you were experiencing a long term condition or circumstance which makes it impracticable to pay the infringement penalty or otherwise deal with the infringement, 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 had significantly reduced capacity to either:
  • understand the behaviour was against the law
  • control the behaviour that was against the law
• you were homeless and your homelessness meant you had significantly reduced capacity to control the behaviour that was against the law
• you were the victim of family violence and that meant you had significantly reduced capacity to control the behaviour that was against the law
• you were experiencing a long term condition or circumstance which makes it impracticable to pay the infringement penalty or otherwise deal with the infringement, but do not solely or predominantly relate to your financial circumstances.

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 people:

• 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.
• in the case of a long term condition or circumstance:
  • medical practitioner
  • psychiatrist
  • psychologist
  • case worker or social worker
  • Victoria Police (for family violence related circumstances)
  • health or community welfare service provider
  • accredited drug treatment agency (for substance abuse related circumstances)
  • drug counsellor (for substance abuse related circumstances)

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 your condition or situation resulted in your significantly reduced capacity to understand or control the conduct constituting the offence, or makes it impracticable for you to deal with your infringement.

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?

We must review our decision to issue the infringement notice within the prescribed timeframe of 90 days. A request for further information will extend that period by a maximum of 35 days.

In most cases, a response will be sent by post within 10 working days.

When deciding on a review, we 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.

A payment plan is available to any person or company. A payment plan can be:

• an instalment plan with weekly, fortnightly or monthly payments 
• an extension of time to pay, or
• both an extension of time to pay and an instalment plan.

An application can be submitted at any time before the expiry of the period to which the infringement notice relates, which is usually within 12 months of the offence date, unless the matter has been referred to Court. 

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, $10.00 per fortnight or $20.00 per month.

When your payment plan is approved, your details will be referred to our recovery team (NCML) 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 you are 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, 297KB) and sending this 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, $10.00 per fortnight or $20.00 per month.

When your payment plan is approved, your details will be referred to our recovery team (NCML) 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

You can apply for a payment plan at any time before the expiry of the period to which the infringement notice relates. This is usually within 12 months of the offence date.

Submit a payment plan application online

Apply in writing:

Download the application form(PDF, 474KB), 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 default and be cancelled if payment is not received within 14 days of the due date.

If your payment plan is cancelled you can 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

You may apply for a payment arrangement with Fines Victoria 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.

Infringements issued under Council's General Local Law No. 1 - 2013, General Purposes Local Law No. 1 2023 and the Planning and Environment Act 1987 are not eligible for a payment arrangement with Fines Victoria.

You may request that we refer your fine to Fines Victoria for a payment arrangement in writing, using the online form above or by emailing us at contactus@hume.vic.gov.au.

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

Photo or infringement notice request

If you have a parking infringement, you can view your photos online here.

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 in writing. 

We 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 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.

Refund of infringements issued under section 26 of the Domestic Animals Act 1994

Under section 26 of the Domestic Animals Act 1994 (the Act) Councils are empowered to impose restrictions and conditions relating to the presence of dogs in public areas. This can include conditions such as owners being required to have their dogs on-leash when in public areas, prohibiting the presence of dogs in some areas, and/or designating ‘off-leash’ areas.

To impose and enforce these restrictions, Council is required to make an ‘Order’ via a Council resolution. This Order must include details of any restrictions or conditions that Council seeks to impose. In addition to making an Order, Council is required to publish this Order in the Government Gazette, and to circulate it in a newspaper for it to be valid and come into effect.

It was recently identified that Council’s Order made under section 26 of the Act was not published (in full) in the Government Gazette, nor was it circulated in a newspaper at the time of its making. As a result, infringements or penalties imposed by Council for violations under section 26 of the Act have been found to be legally invalid.

At its meeting held on 11 September 2023, Council resolved that all such infringements and penalties be refunded.

How to apply for your refund

You can receive your refund by cheque or direct transfer to your nominated back account by completing the form below.

Before submitting your application, please have your identification ready. If you are requesting direct transfer, have a bank deposit slip or bank statement ready as well. 

Animal infringement refund application

Alternatively, download the application form(PDF, 77KB) and email to contactus@hume.vic.gov.au or print and send to:

Infringement Management
Hume City Council
PO Box 119
Dallas Vic 3047