Infringements

Overview

Overview

An infringement, also known as either a fine or a penalty notice, is issued when a law or regulation is broken.

To help protect the rights, amenity and well-being of the Horsham community, Council issue infringements relating to laws and regulation breaches in:

  • Parking
  • Animal management
  • Health and wellbeing
  • Food safety
  • Environment
  • Fire prevention
  • Planning
  • Asset protection

 

Paying an Infringement

To pay an infringement you can:

  • Call Horsham Rural City Council reception on 03 5382 9777 to pay by credit card. In order to pay an infringement over the phone, please have the following details ready:
  • Infringement number
  • Vehicle registration number (if a parking infringement) 
  • Contact details
  • Credit card number, expiry date and CVV number
  • Pay in person with EFTPOS, cash, cheque or money order by visiting the cashier at Horsham Civic Centre, 18 Roberts Avenue, Horsham Victoria. Please bring a copy of your infringement notice or the infringement number with you. Please address your cheque or money order to 'Horsham Rural City Council'.
  • You can also post a cheque or money order with a copy of your infringement notice to Horsham Rural City Council, PO Box 511, Horsham, Victoria 3402. By law, we cannot accept cash by post.

 

Apply for a payment plan

A payment plan may be available to you if you are experiencing difficulty in paying your fine by the due date.  You may apply to the Director of Fines Victoria for a payment arrangement should you have multiple fines across different enforcement agencies. 

To be eligible for a payment plan you must be listed on the infringement and in the case of a parking infringement be the registered owner of the car or the nominated driver. 

Please contact Council on 03 5382 9777 or apply for a payment plan online below.

Payment Plan Application

 A printable version of this form can be found here.

Apply for an Infringement review

Council may consider withdrawing an infringement (fine or penalty notice) however we require verifiable and independent supporting documentation that shows something unexpected has occurred.

Here are some common scenarios to check if Council may or may not withdraw your infringement.

  • This is my first infringement – can I get off with a warning?
    An infringement will not be withdrawn under these circumstances. An honest mistake is not sufficient grounds for the fine to be withdrawn.
     
  • My vehicle broke down
    If your car broke down then you can apply for an infringement review, however you will need to supply supporting documentation such as a mechanic, towing or roadside assistance invoice to have your review considered. 
     
  • I parked in a No Stopping area for only a short period of time
    This includes stopping for any reason including dropping or picking up children from school. An infringement may not be withdrawn under these circumstances, unless the vehicle broke down or you were involved in a medical emergency, proof will need to accompany your review application.
     
  • My parking permit was not displayed correctly
    If at the time of the infringement you had a current parking permit then you can apply for an infringement review. You will need to supply proof of your parking permit as supporting documentation to have your review considered.
     
  • I didn’t understand or see the sign or understand the road rules
    There is an onus on a driver to understand the road rules. An infringement may not be withdrawn under these circumstances unless you meet the criteria for Special or Exceptional circumstances. 
     
  • I was not the driver
    An infringement may not be withdrawn under these circumstances, however, you must nominate another driver to have the infringement reissued to the correct person by completing the infringement review application.

  • I was dealing with a medical emergency
    If a medical emergency occurred you will need to supply an official letter from the hospital or doctor confirming you were involved in a medical emergency at the time the fine was issued. You can then apply for an infringement review. We will not withdraw fines where medical appointments were delayed or took longer than expected unless it was a medical emergency.
     
  • I can’t afford to pay this fine
    An infringement will not be withdrawn under these circumstances, however, you may request a payment arrangement.
     
  • I didn't register my pet
    If your pet is registered with another Victorian Council, you will need to supply proof of registration as supporting documentation in your infringement review application. If you have recently acquired your pet, you will need to supply proof of adoption or ownership. We will not withdraw fines where you were unaware of the need to register your pet, or you did not have time to register your pet.
     
  • My dog escaped from home
    We do not withdraw fines where you were unaware your gate/door/fence was open or unsecured, or where your dog dug its way out or escaped through a hole in the fence. If your dog escaped during a home invasion or after it was stolen, you can apply for an infringement review and you will need to supply a police report as supporting documentation.

You can request an Internal Review of your fine under one of the following grounds

Contrary to Law

The fine is invalid or was improperly issued to you

You can apply under this ground if you believe that the enforcement agency's decision to fine you was inconsistent with the law.

For example, the officer who issued the fine acted unlawfully, improperly or outside their authority or the fine does not comply with the legal requirements of an infringement notice.

Mistake of Identity

The fine was issued to the wrong person

You can request a review under this ground if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim. For example, someone provided your licence or gave your details to police, or you have the same name as another person or family member and the wrong person received the fine.

This review ground does not apply if someone else was driving your vehicle at the time of the offence, you are the registered owner of the vehicle and you received a camera-detected fine.

Once your fine progresses to a Notice of Final Demand, it is too late to nominate (except in limited circumstances, such as family violence situations).

You cannot request a review under this ground if someone else was driving your vehicle. Failing to nominate the responsible person is not a valid reason to apply for mistake of identity.

Exceptional Circumstances

The offence occurred due to an extraordinary or unavoidable situation

You should only select this ground if you can show that the offence occurred due to circumstances that were out of the ordinary, unavoidable, or exceptional – such as a medical emergency or a vehicle breakdown.

Special Circumstances

You have serious personal issues, disorders or difficulties.

These circumstances are very specific. You should only select this ground if you committed the offence and can show that:

  • At the time of the offence you:
    • Had a mental or intellectual disability, disorder, disease or illness
    • Had a serious addiction to drugs, alcohol or a volatile substance
    • Were homeless
    • Were a victim of family violence, or
  • You cannot deal with your fines because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence.

You will need to provide evidence from a qualified practitioner or agency to support your application. For more information on what is required and how to apply, see: Special Circumstances on the Fines Victoria website.

The Family Violence Scheme

If you have been impacted by family violence, the Family Violence Scheme is an option to help victim survivors deal with fines if there is a link between the family violence and their fines.

See: Family Violence Scheme for more information and assistance on the Fines Victoria website.

Person Unaware

You did not know about the issuing of the fine

You can request a review under this ground if all of the following apply:

  • You found out about the fine within the last 14 days
  • The fine was not personally given to you by an officer

If you moved house but you did not change your authorised address with the relevant agency (for example, VicRoads) within 14 days of moving, your application may not be successful.
 
Your application may not be successful unless you provide evidence showing you did not know about the fine. This could be a copy of your passport or boarding pass showing you were overseas, an invoice from a removalist showing that you moved house, a VicRoads address change confirmation, or a report about mail theft.
 
You must submit your application within 14 days of the date you became aware of the fine.
 
If your application is successful, you will be granted a further 21 days to deal with your fine and any fees added to your fine will be removed.

 Apply for an Infringement review

To have your infringement reviewed, please complete the infringement review application form online. Click here

Alternatively, download and complete the infringement review application form here and either:

  • Post to Horsham Rural City Council, PO Box 511, Horsham Victoria 3402 or
  • Drop the form in to the customer service desk at Horsham Civic Centre, 18 Roberts Avenue, Horsham.

 

What happens after you apply for an Internal Review

After you have completed and submitted your application, your fine will be placed on hold and no further fees will be added. 
 
Council will review your request within 90 days of receiving your application. Your application for internal review will be assessed based on the information and evidence provided to support your claims. 

It may take longer if you are asked to provide additional information. If you do not respond to council's request for information, your application may be reviewed based on the information available.
 
Once a decision has been made, you will receive notice of the outcome by post.
 
If your application is successful, depending on the grounds you applied under, council can decide to:

  • Withdraw the fine and take no further action against you
  • Withdraw the fine and issue an official warning instead
  • Refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
  • Approve a payment arrangement
  • Waive or vary any fees associated with the fine
  • Waive or vary any additional steps imposed by the fine
  • Confirm its decision to issue you with the fine.

If the application is not successful, you will receive a notice by mail to confirm:

  • Council's decision
  • How much you need to pay
  • When you need to pay it by
  • Any other options available to you.

If your application is not successful, you can apply to have your matter heard in the Magistrates' Court – see Dispute your fine in court on the Fines Victoria website. This gives you (or your representative) a chance to present your evidence in front of a magistrate who will make a decision about your matter.
 
It is important that you provide your most current address and contact details so you can be contacted about your application if required.

Further details regarding infringements and your rights can be found on the Fines Victoria website here.