Infringements (Fines)

If you’re caught breaking the law, for some offences, you’ll be issued with a penalty in the form of an Infringement Notice (a fine). This is the first stage of the infringements process.

Depending on the offence, you may receive an infringement:

• on-the-spot by an issuing officer
• attached to your vehicle
• in the mail.

Infringement Notices offer an alternative method for dealing with minor offences, giving a person or company to whom a notice is issued the option of paying a fixed penalty, rather than proceeding to a court hearing.

The infringement system uses lower fine levels than in an open court, benefits such as convenience of payment, the avoidance of a conviction being recorded and saving of any legal costs to dispose of matters in an efficient and timely manner.

By offering a straightforward, timely method of making amends for an offence, the infringement notice system aims to encourage compliance with regulatory regimes.

If you don’t deal with your infringement by the due date, the matter will become more serious and you’ll have to pay more in added costs.

The Infringements Act 2006 and the Fines Reform Act 2014 set the standard framework for how infringements are issued and enforced. 

Authorised officers respond to parking complaints and conduct routine patrols of parking bays and other areas within the shire. Fines may be issued to vehicles in breach of the road rules.

Common parking offences include:

• Stopped on a footpath
• Stopped in a Loading Zone
• Parking longer than indicated (in a timed area)
• Parking not facing direction of travel
• Stopped in an area for people with disabilities
• Parked in a no parking zone

How to Appeal a Parking Fine

In accordance with the Infringements Act 2006, you have the right to request a review of an infringement.

To do so, you must complete the Infringement Review form(PDF, 215KB) and return it to the Council.

To complete the Infringement Review application online please click here. 

If you were not the driver of the vehicle at the time of the infringement, please complete this Driver Nomination  Statement.

You will need to include evidence in support of your comments.

The following reasons will be considered for review:

Disabled Parking

To apply for a disabled parking permit, please visit the Apply for a Disabled Parking Permit webpage.

Abandoned/Unregistered Vehicles

The Council investigates reports of abandoned or unregistered vehicles. Please try to include the vehicle’s registration plate number or Vehicle Identification Number (VIN) for faster processing. Use the phone list below to report an abandoned or unregistered vehicle.

• Vehicles on a footpath, nature strip, reserve or road (non-urgent): call the Council on 5624 2411.
• Vehicles on a footpath, nature strip, reserve or road (urgent): call the police.
  • Drouin - 5625 2003
  • Warragul - 5622 7111
  • Trafalgar - 5633 1188
  • Neerim South - 5628 1303        
• Vehicles on Princes Freeway. Call Vic Roads on 13 11 70.
• Vehicles on railway land, such as a railway car park. Call Vic Track on 1800 800 120.
• Vehicles on Parks Victoria land. Call the Department of Environment and Primary Industries on 136 186.
• Vehicles on housing commission land. Call the Department of Human Services on 1300 650 172.

Do you need help with your fines because you are affected by family violence?

The Family Violence Scheme supports people affected by family violence within the fines system. Click here to learn more about the Fines Victoria Family Violence Scheme.

If you’ve received an infringement, you can pay it quickly and easily here. If you don’t want to pay online, you can pay by phone, mail or in person at one of our Customer Service Centres.

Please allow two to three business days from the issue date of your infringement before making an online payment.

The following infringement payments cannot be made online:

• Infringement Notices past the due date cannot be paid online as additional charges may have been incurred.
• Infringements being paid via a payment plan, cannot be paid online.

Contact Council on 1300 229 229 (1300 BAW BAW) to arrange payment in these circumstances.

Please Note: If a Notice of Final Demand has been received from Fines Victoria you will need to contact them to discuss. Council cannot assist in these circumstances. 

Here's a step-by-step process for paying your infringement online

Step 1: Entering your infringement number

Enter your Infringement or Ticket Number. Your Infringement or Ticket Number is located on the Infringement Notice you received from Baw Baw Shire Council.

Click ‘Next’ at the bottom right of the screen.

Step 2: Infringement payment details

The following details of your infringement will display:

• Infringement Details
• Date
• Type
• Infringement Number
• Reference
• Offence Details
• Offence Code
• Description
• Infringement Amount
• Amount to Pay

Check the details displayed match the details on the Infringement Notice to ensure you are paying for the correct notice.

If the details are not correct, check the Infringement or Ticket Number you entered is correct; otherwise contact Council on 1300 229 229 (1300 BAW BAW).

If the details are correct and you wish to proceed with the payment, click ‘Next’ at the bottom right of the screen.

Step 3: Checking the shopping cart

Your infringement payment transaction will be added as an item to your shopping cart.

If you need to make another online payment before finalising your payment and adding the credit card details, choose another payment option from the ‘Online Payments’ menu on the left-hand side of the screen.

If you wish to proceed with the payments detailed in your shopping cart, click ‘Proceed’ at the bottom right of the screen.

Step 4: Payment summary

The Payment Summary screen displays full details of your online payment transaction for you to review prior to entering your credit card details for payment.

To proceed with the credit card transaction, click ‘Complete’ at the bottom right of the screen.

Step 5: Update your credit card details

You will be directed to Baw Baw Shire Council secure payment gateway to make a payment.

Enter your credit card details:

• Enter your Credit Card Number – only Visa or MasterCard are accepted.
• Select your Credit Card Expiry Month and Year.
• Enter your Credit Card’s CCV number; the CCV number is the three-digit number printed on the back of your credit/debit card next to the signature panel strip.

Click ‘Continue’ to confirm your credit card details and move to the next screen.

Click ‘Make Payment’ to finalise your online payment.

Step 6: Payment confirmation

The payment confirmation screen displays full details of your payment, including your Payment Reference Number. This is the number you will need to quote if you need to contact Council regarding your payment.

To print a copy of the payment confirmation details, click ‘Print’ at the bottom right of the screen.

To email a copy of the payment confirmation details, add your email address and click ‘Send as Email’ at the bottom right of the screen.

If you have received an infringement and can’t pay the full amount by the due date, you can apply to pay by instalments. If you’re eligible, you’ll be able to combine your outstanding fines into a payment arrangement and choose to pay the outstanding amount in monthly or fortnightly instalments.

Who can pay by instalments?

If you’re an individual or a company, you can apply to pay your outstanding infringement amount by instalments.

Your application may be assessed based on your:

• outstanding infringement amount
• income
• financial status
• payment history
• any hardship that you are experiencing.

You are entitled to pay by instalments if you have:

• a Commonwealth Government (Centrelink) Pensioner Concession Card
• a Department of Veterans' Affairs Pensioner Concession Card or Gold Card
• a Centrelink Health Care Card (all types, including non-means tested)

Please note: You will be required to provide evidence of a valid concession card and may be requested to provide documentation supporting your application.

If you wish to apply for an infringement payment plan, you can apply online or download and submit this form(PDF, 102KB).(PDF, 102KB)

What happens after you apply?

Once a decision has been made, you'll receive a notification in the mail or by email explaining the outcome of your application.

If your application is successful, you’ll receive information about how to pay your instalments.

When you should nominate another person

 You should apply to nominate if:

• someone else was the driver responsible for the vehicle/offender at the time of the offence
• you sold your vehicle to someone else or disposed of the vehicle before the offence date
• you believe the vehicle or number plates displayed on the vehicle were stolen
• you were incorrectly nominated as the responsible person.

You cannot nominate another person if:

• you were issued with an on-the-spot infringement at the time of the offence
• your vehicle was unregistered at the time of the offence.

If you do not nominate another person who has committed the offence, you will remain liable for the infringement. Not knowing who was driving the vehicle/offender at the time of the offence is not a reasonable excuse.

Your nomination may not be accepted if you can’t properly identify the person responsible.

Please note: You cannot nominate another driver once an infringement is registered with the Director, Fines Victoria.

If you wish to nominate another person, you can nominate online or download and submit this form(PDF, 106KB).(PDF, 106KB)

What happens after you apply?

You’ll get a notification of the outcome. If your nomination application is accepted, your infringement will be withdrawn and reissued to the person you’ve nominated.

The person you nominate can reject the nomination. If this happens, the infringement will be reissued to you. 

If you've received an Infringement Notice or Penalty Reminder Notice, you can apply to have your infringement reviewed by Council. This is called an Internal Review.

You’re allowed only one Internal Review per Infringement Notice, unless when applying for an internal review that has been granted on the ground of person unaware*.

When can you request a review?

You can request a review of your infringement if you believe:

• the decision was contrary to law
• you did it, but you had exceptional circumstances
• there has been a mistake of identity
• you were unaware of the notice*
• you had special circumstances
• your infringements resulted from family violence.

You should also provide evidence to support your application.

*Note: Person unaware provision does not apply if the Infringement Notice was personally given to you or if you had not updated your address if required by law with any relevant public statutory body within 14 days of changing address.

When can’t you apply request a review from Council?

You can’t apply for an internal review if:

• you have paid your fine
• your fine was issued by a court
• you are the director of a company and you have been made personally liable for the company’s fine
• If the infringement has been lodged with Fines Victoria (you will need to contact Fines Victoria).

What happens after you apply?

Council will review your request within 90 days of receiving your application. It may take longer if you’re asked to provide additional information.

If you don’t respond to the Councils request for information, your application may be reviewed based on the information available.

Your application for internal review will be assessed based on the information and evidence you provide to support your claim. Once a decision has been made, you’ll receive notice of the outcome in the mail.

Possible outcomes of a review

Council can decide to:

• withdraw the infringement and take no further action against you
• withdraw the infringement and issue an Official Warning instead
• refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
• waive or vary any fees associated with the infringement
• waive or vary any additional steps imposed by the infringement
• approve a payment arrangement
• confirm its decision to issue you with the infringement.

If the review is refused, you’ll receive a notice in the mail or by email to confirm:

• Council’s decision
• how much you need to pay (if applicable)
• when you need to pay it by (if applicable)

If your application is unsuccessful, you can apply to have your matter heard in the Magistrates' Court. This gives you (or your representative) a chance to present your evidence in front of a Magistrate who can make a decision on your infringement.

Note: It’s important you provide your most current address and contact details so we can contact you about your application if required.

The fastest way to request a review is to apply online.

If you don't want to apply for a review online, you’ll need to download and submit this form(PDF, 215KB) and follow the steps in the form to request a review. This will take longer for us to process.

While you wait for your infringement to be reviewed, it will not progress and further fees will not be added. The review may take us some time to process.

Please Note: Council cannot accept verbal requests.

You may be able to have your infringement withdrawn or cancelled if you had special circumstances at the time you were issued with the infringement, that meant you:

• didn’t understand your behaviour was against the law
• couldn’t control your behaviour (even if you knew it was against the law).

Special circumstances include:

• intellectual disability
• mental illness or disorder
• a serious addiction to drugs or alcohol
• homelessness
• family violence.

To apply, you’ll need to provide supporting evidence from a qualified practitioner or agency confirming:

• your condition or circumstance
• how your condition or circumstances caused you to commit the offence.

Who can prepare your supporting evidence?

If you have an intellectual disability or a mental illness or disorder, you’ll need to provide a report from your:

• general practitioner
• psychiatrist
• psychologist
• psychiatric nurse.

If you have an alcohol or drug addiction, you’ll need to provide a report from your:

• general practitioner
• case manager
• psychiatrist
• psychologist
• accredited drug treatment agency
• accredited drug counsellor.

If you are homeless, you’ll need to provide a report from your:

• case worker
• case manager
• approved agency (e.g. the Salvation Army)
• recognised health or community welfare service provider.

If you have suffered from family violence please visit the Family Violence Scheme - Fines Assistance page for more information on the help that's available.

Is there any other relevant information?

In relation to homelessness, the statement or letter must:

• include details of current living arrangements (if any)
• give details of period of homelessness
• demonstrate how this circumstance contributed to your receiving an Infringement Notice
• provide any additional information that may assist Fines Victoria
• be signed and dated within the last 12 months.

When completing the statement, the following questions must also be addressed:

1. What are your current living arrangements?

• How long have you been homeless?
• Were you homeless at the time of the offence?

2. Has homelessness resulted in you being unable to control your conduct that constitutes the offence?

• If so, how did the homelessness contribute to the offences?
• Do (or did) you suffer from any other illnesses that may be relevant in determining whether you were able to control or prevent the conduct for which the infringement was issued?
  If so, are you taking medication or undergoing any treatment or rehabilitation?

What’s required in your report?

Your practitioner or agency report should include:

• the details of the practitioner or case worker (including their qualifications)
• an outline of your relationship with the practitioner and how long they’ve known you
• the nature, severity and duration of your condition or circumstance
• whether you were experiencing symptoms at the time of the offence
• the connection between your offence and your circumstance.

The report must have been completed within the last 12 months. Fines Victoria may accept a report prepared outside the 12 month period if a condition is a lifetime condition (e.g. an intellectual disability).

Need help applying?

Your health practitioner or case worker can request a review on your behalf.

Do you need legal assistance?

When can you choose to go to court?

You can have your matter heard in the Magistrates' Court (or the Children's Court, if you’re under 18 years of age) up until the infringement is registered with Fines Victoria.

If your infringement has reached the Notice of Final Demand stage, you can request a review with Fines Victoria.  The stage of your infringement can be found at the top of your notice.

Council recommends you seek legal advice before proceeding to take a matter to Court. Once a Court request is accepted by Council, the application cannot be withdrawn.

What happens after you apply?

If your application to go to court is accepted:

• the matter will be listed at the Magistrates' Court
• you may need to appear before the court at a specified date and time (you’ll be notified of your court date, time and location in the mail).  This is called a hearing.

If you don’t go to your hearing, the court can decide the matter in your absence.

Possible outcomes of a court hearing

The magistrate will hear your case and decide on an appropriate penalty. They may decide to:

• record a conviction if they find you guilty
• issue you with a new infringement (the penalty may be either more or less to the amount on your Infringement Notice)
• dismiss or discharge your case
• adjourn (delay) the matter
• order you to do unpaid community work.

If you’d like to take your matter to court, contact Council in writing or fill out the nomination form and tell us you’d like your matter heard in court. In most cases, you can apply by completing the form attached to your notice.