Infringements

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 West Wimmera community, Council issue infringements relating to laws and regulation breaches in:

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

Paying an infringement

To pay an infringement you can:

  • Call West Wimmera Shire Council on 13 99 72 to pay by credit card. In order to pay an infringement over the phone, please have the following details ready:
  • Infringement number
  • Contact details
  • Credit card number, expiry date and CVV number
  • Pay in person with EFTPOS or cash at our either our Edenhope or Kaniva customer service centre. Please bring a copy of your infringement notice or the infringement number with you. 

If you are having trouble paying your infringement, please call 13 99 72.

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.

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.

 

Mistaken 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.

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.

Family violence

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.

 

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 West Wimmera Shire Council, PO Box 201 Edenhope, VIC 3318 or
  • Drop the form in to the customer service desk at Edenhope or Kaniva customer service centres. 

 

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.

 

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