Local laws and permits

Infringements

Receiving an Infringement Notice:

If you have received an Infringement Notice or Penalty Reminder Notice, you can pay through the following options:

• Contact Council on phone at 1300 365 222
• Pay by cash or eftpos at the Council offices in Tallangatta or Corryong.

Appealing an Infringement Notice:

If you have received an Infringement Notice or Penalty Reminder Notice, you are able to appeal, or request an internal review of your infringement, if you believe there are grounds for the infringement to be withdrawn. Applications for internal review on registrable infringements can be lodged at any time before the infringement is registered with Fines Victoria (usually within three months). Fees apply if lodged after the 28-day period.

Submit an application:

Only one request for internal review of your infringement can be undertaken, which means you must provide all the relevant details with your application to help us make a decision.

Your application needs to be submitted in writing and contain the following information:

• Applicants name
• Relevant Infringement Notice number/s
• Applicant address
• Applicants phone and email address
• Reason for Grounds of Review, including evidence to support the grounds:
  • Exceptional Circumstances
  • Contrary to the Law
  • Special Circumstances
  • Mistaken Identity
  • Person Unaware

Applications must be submitted to Council via the following options:

• Email at info@towong.vic.gov.au
• In person at the Council offices in Tallangatta or Corryong
• Via post at

Towong Shire Council

PO Box 55

Tallangatta VIC 3700

Grounds for requesting an internal review:

When you apply for an internal review, you will need to provide a reason. Use one of the below reasons for review in your application:

• Exceptional Circumstances: 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.
• Contrary to the Law: if you believe the infringement notice is invalid, was improperly issued to you or you did not commit an offence.
• Special circumstances: if 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.
• Mistaken Identity: if you can provide an explanation of why you rely on the ground of mistaken identity (including evidence in support - for example, a copy of your driver’s licence).
• Person Unaware: if you did not know about the fine, an application can be made within 14 days of you becoming aware of the infringement notice. This Ground for Review is only used to seek withdrawal of additional costs, however the original penalty amount will still need to be paid.

This Ground for Review will require the person needing to show that their circumstances contributed to them having a significantly reduced capacity to understand or control their offending behaviour. Further guidance on this Ground for Review will be provided to the applicant upon receipt of the application, such as types of supporting evidence required.

The following Grounds for Review will not be considered:

• Not being aware of the relevant law
• Being new to, or unfamiliar with, Towong Shire Council’s practises
• Not receiving a warning letter, notice or direction before the infringement was issued
• Not advising Council of your change of address
• Forgetting to renew your pet's registration, or not receiving a renewal notice.

What happens after I submit a request for internal review?:

Council must conduct and complete the review within 90 days of receiving a valid application, with an extension of 35 days being allowed if further information is requested from the application. The review outcome will be provided to the application via written notice within 21 days of the decision being made.

When deciding on a review, Council 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.

Payment of outstanding penalty amounts must be made once the decision is provided to the applicant. Payment plans are available upon request for applicants who may be experiencing financial hardship – please refer to our Financial Hardship Policy for further information on this option.