Fines

Fines are issued in accordance with State legislation to encourage people to obey rules that have been set for the common benefit of the community.

Paying a Fine
If you incur a fine from Council you must pay within 28 days of the date of the fine. If the fine is paid within 28 days, no further action will be taken.

Disputing a Fine
There are four options available if you have received a fine.

Option 1.  Pay in Full

Pay in full by using one of many payment methods.  These methods are noted on the reverse side of the original infringement notice.

Option 2.  Nominate the Driver

Nominate the driver by completing and returning the Statutory Declaration Form on the reverse side of the original infringement letter.  If you no longer have this letter, you may obtain a Statutory Declaration at your local Police Station.

Option 3.  Submit a written Appeal

Under a new state Act of Parliament – the Infringements Act 2006 – which is strictly controlled by Victorian State Government Legislation from 1 July 2006, requires that an appeal against an infringement must be in writing.  The Council is able to conduct an 'Internal Review' of any infringement prior to the matter being lodged with the Magistrates Court.  The new Act permits only one appeal for withdrawal of the infringement notice.  An application form can be downloaded from the RELATED DOWNLOADS box to the right of this page.

Option 4. Nominate to have the matter heard in the Magistrates Court

Have the matter dealt with in a Court by completing and returning the Application for Action by a Court on the reverse side of the original infringement letter or you may just provide a signed letter requesting the matter be referred to the Court.

If you succeed at the court hearing, the fine will be withdrawn. If you are not successful, you will still have to pay the fine, plus additional Court and Council costs.

Overdue Fines
If you do not respond in writing or pay your fine within 28 days of the date of the fine, Council begins a three-step process of fine collection.  At each step, additional costs are added to the fine to cover the costs of collection.

At any point in time prior to a 'Charge and Summons' being issued, your options are as follows:

• Pay the fine (plus any costs if applicable);
• If eligible, write to this office requesting to pay via a 'Payment Plan' or 'Extension of Time' to pay (eligibility criteria applies to any person on a Centrelink Pension card, Veteran Affairs card or Healthcare card);
• In writing, appeal the decision to issue an infringement (refer to the 'Application for an Internal Review' to the right of this page); or
• Elect to have the matter heard in Court (you will receive a 'Charge and Summons' which will including the date, time and place of the hearing).

Step 1 - Penalty Reminder Notice

If you do not respond or pay your fine within 28 days of the date of the fine, you will be sent a reminder called a Penalty Reminder Notice. Once this letter is sent, costs will begin to be added to your fine and you have the above three options.

Step 2 - Collection Service

If you do not respond or pay your fine within 28 days of the date of the Courtesy Letter, you will be contacted by Council's collection service. At this point, further costs will be added to your fine.  The options are the same as for Step 1, however you now have only 14 days from the date of the Courtesy Letter within which to take action.

Step 3 - Magistrates Court

If you do not respond to Step 1 or 2, Council will list the matter with the Magistrates Court.

You will receive a summons including the date, time and place of the hearing.

If you fail to attend Court on the date/time of the hearing, or fail to get the Court's permission to be absent from proceedings, the case will continue despite your absence.

If you are ordered to pay the fine, the Court will make an order of enforcement for payment. This is a Court order and should be treated seriously.  This order will include the fine and the costs to Council to date.

Step 4 - Sheriff's Warrant

If you do not respond to the Magistrates Court Order within the time set by the Magistrate, a Warrant will be issued with even further costs. If you still do not comply at this stage, another cost to execute the Warrant will be added.

A Warrant authorises the Sheriff to demand payment of the fine and all costs, or to seize your goods as security. At this point, if you do not pay within seven days your property can be sold. Or, if you have no property or goods to seize, you could be imprisoned.

Need More Information?
More information about fines for parking and traffic infringements can be found in the Road Rules Legislation. Download this document from the RELATED DOWNLOADS box to the right of this page.