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. For more information see Fines Victoria.

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

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’re an individual or a company and you have received an infringement and can’t pay the full amount by the due date, you can apply for:

• an extension of time
• payment by instalments, or
• a combination of both.

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 a payment plan 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).

An application for a payment plan may be made at any time before the infringement is registered for enforcement with the Director of Fines Victoria.

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 a 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 make payment.

Payment arrangements

Payment arrangements are like payment plans but they are assessed and managed by the Director of Fines Victoria. They enable a person to consolidate all their fines into one arrangement, as they can include fines:

• from different enforcement agencies
• at different stages of the infringement lifecycle
• issued by a court.

More information on payment arrangements can be found at Request to pay by instalments (fines.vic.gov.au)

When can you request a review?

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

You’re allowed only one Internal Review per Infringement Notice, unless you’re applying for an internal review that has been granted on the ground of person unaware (see below for more information on this ground for review).

You can apply for a review at any time before the fine is registered with Fines Victoria (parking and other offences, where applicable).

For all other fines that are not registrable with Fines Victoria you can request a review at any time before a charge and summons to appear in the Magistrates’ Court has been issued.

How to request a review

Applications for review must be in writing – Council cannot accept verbal requests. To request a review, 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. 

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

The following reasons will be considered for review:

• Contrary to Law: The infringement has not been issued in accordance with the law, for example timed parking restrictions do not apply to the area that the vehicle was parked in; or the officer who issued the fine acted unlawfully, improperly or outside their authority.
• Mistake of identity: The person to whom the infringement was issued has been incorrectly identified as the alleged offender, for example, the vehicle registration number was recorded incorrectly. To substantiate this claim, we may require a Statutory Declaration and supporting documentation, or if you received a parking fine and were not the driver of the vehicle at the time of the infringement, you will need to complete this Driver Nomination Statement (cognitoforms.com)
• Special Circumstances: These circumstances are very specific. You can apply if you can show that, at the time of the offence, you:

• had a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness contributed to you having a significantly reduced capacity to
  • understand that the behaviour was against the law; or
  • control the behaviour; or
• had a serious addiction to drugs, alcohol or a volatile substance where the serious addiction contributed to you having a significantly reduced capacity to
  • understand that the behaviour was against the law; or
  • control the behaviour; or
• were homeless and the homelessness contributed to you having a significantly reduced capacity to control the behaviour; or
• were a victim of family violence and it contributed to you having a significantly reduced capacity to control the behaviour. Please note if family violence contributed to you receiving the fine, the Fines Victoria Family Violence Scheme may apply to you. Click here to learn more about the Fines Victoria Family Violence Scheme (fines.vic.gov.au)

You can also apply if you can show that 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, for example long-term involuntary mental health care or severe physical or intellectual disability. To apply you need to provide evidence that your circumstances:

• are long term and severe, disabling or incapacitating, and
• relate mostly to issues other than financial hardship, and
• make it impracticable or unfeasible for you to deal with your fine by:

- paying in full
- paying in instalments
- completing activities or treatment under a Work and Development Permit
- applying for the Family Violence Scheme.

To support a claim of special circumstances, you must provide evidence from a practitioner or agency who is familiar with your circumstances. Depending on your circumstances, this may be your:

• doctor or medical specialist
• psychiatrist or psychologist
• social worker or case worker
• accredited drug treatment agency or drug counsellor
• financial counsellor
• recognised health, support or welfare agency (for example, the Salvation Army).

Evidence may include reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices. More information on the requirements of a practitioner or agency report can be found at Special circumstances (fines.vic.gov.au)

• Exceptional Circumstances: The offence occurred due to circumstances that were out of the ordinary, unavoidable, out of your control or exceptional – such as a medical emergency or a vehicle breakdown. To support a claim of exceptional circumstances, you must provide supporting evidence, for example invoices or receipts from a mechanic or towing company, or a medical report. 

• Person Unaware: If you were unaware that the fine was issued. To request a review under this ground, all of the following must apply:
  • you found out about the fine within the last 14 days and
  •  the fine was not personally given to you by an officer.

Note: Being unaware that the conduct for which the infringement was issued is an offence, is not a ground for review.

If you moved house but you did not change your address with 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, for example a copy of your passport or boarding pass showing you were overseas, an invoice from a removalist showing that you moved house or a VicRoads address change confirmation.

You must submit your application within 14 days of the date you became aware of the fine.

If your application is successful, your fine will not be withdrawn but you will be granted further time to deal with it. Waiving of additional costs that may have been incurred will be considered.

When can’t you request a review from Council?

You can’t apply for an internal review if:

• you have paid your fine
• your fine was imposed by a court
• 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 based on the information and evidence you provide to support your claim. It may take longer if you’re asked to provide additional information.

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

While you wait for your infringement to be reviewed, it will not progress, and further fees will not be added.

Once a decision has been made, you’ll receive notice of the outcome in the mail with details of the payment required, if applicable.

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 years of age)
• waive any fees associated with the infringement
• waive or vary any additional steps imposed by the infringement
• approve a payment plan
• confirm its decision to issue you with the infringement.

If your application is unsuccessful, you can apply to have your matter heard in the Magistrates' Court.

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
• Parked longer than indicated (in a timed area)
• Parked not facing direction of travel
• Stopped in an area for people with disabilities without a permit
• Parked in a no parking zone.

You can apply for a review of your parking fine by completing the Infringement Review form(PDF, 215KB) and returning it to Council.

To complete the Infringement Review application online please click here. 

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

Nominating another person

If you were not the driver of the vehicle at the time of the parking infringement, please complete this Driver Nomination  Statement. You can also download and submit this form.

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 at the time of the offence is not a reasonable excuse, and your nomination may not be accepted if you can’t properly identify the person responsible.

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

You’ll get a notification of the outcome of your nomination statement. If your nomination 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. 

Disabled Parking

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

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 infringement notice.

Council recommends you seek legal advice before requesting for a matter to proceed to court. Additional costs may be incurred if a matter is referred to court, and once a court request is accepted by Council, the application cannot be withdrawn. Do you need legal assistance?

Your request to have your matter referred to court must be submitted in writing to Council. In most cases, you can apply by completing the form attached to your infringement notice.

What happens after you apply?

The matter will be listed at the Magistrates' Court, and you will receive a charge and summons with details of your court date, time and location in the mail. If you don’t appear at court on your court date, the court may decide the matter in your absence.

Possible outcomes of a court hearing

The Magistrate will hear your case and decide on an appropriate penalty. There are many penalties that can be imposed – more information can be found at Sentencing and penalties | Magistrates Court of Victoria (mcv.vic.gov.au)