The Road Safety Act 1986 enables councils to increase the penalty for 11 minor parking offences up to a maximum 0.5 penalty unit; however, a specific Council resolution is required to increase the parking penalty units. Without a resolution, councils can only apply a 0.2 penalty unit.
Due to an administrative error, Baw Baw Shire Council applied the maximum 0.5 penalty unit to the lower-level parking infringement types without a specific Council resolution to do so.
At the time when the error was made, Council officers believed the fees were set as statutory fees which didn't need any further action from Council.
Baw Baw Shire Council only issued fines for 7 of the 11 types of minor parking offences.
While the fines were validly issued, the amount charged exceeded the default rate permitted without formal approval. To correct this error, Council will issue a partial refund – the portion of the fine amount that was incorrectly charged.
Fines issued from 1 July 2010 to 30 June 2016 are excluded from the refund scheme – these fines were correct, as the fine amount was adopted as part of Council’s annual Fees & Charges.
Fines issued from 5 August 2025 onwards do not form part of the refund scheme as the error was fixed on this date.