There are some circumstances where the enforcement of a fine may be reviewed.
You can dispute the enforcement of your fine by applying for a review as outlined in the Fines Enforcement and Debt Recovery Act 2017. This is not a review of the actual fine itself and relates only to the enforcement of the fine.
A review of enforcement may take place for a fine if:
- you have already paid the fine
- the agency failed to receive your election to be prosecuted, statutory declaration, or other required document
- you failed to receive a notice required by legislation
- procedures required by legislation were not followed
- the expiation notice should not have been given to you in the first instance
- due to exceptional circumstances, there was not a reasonable opportunity to elect to be prosecuted
- due to exceptional circumstances, there was not a reasonable opportunity to apply for review of the expiation notice
If you are disputing the existence of or the amount of an overdue state debt, you need to apply to the Magistrates Court within 30 days of the enforcement determination to have the court consider your dispute.
Requesting a review for a fine
To dispute an enforcement action you must complete an application for review of enforcement within 30 days of the notice. You may be asked for evidence to support your application.
A fee of $25.75 is payable at the time of lodgement. If payment is unsuccessful your application will not be submitted for processing.
If the application is granted, enforcement of the fine will be cancelled and the fine reverts back to the original amount payable. You will need to then ensure you take action to pay the fine in full, or enter a payment arrangement within 28 days of the review being granted, before it becomes enforced again.