Parks Victoria infringement notices

This page has information to assist people who have received an infringement notice from an Authorised Officer of Parks Victoria (PV).

The most common infringement notices issued by our Authorised Officers are for conduct that breaches the regulations that apply to our National Parks and Conservation Reserve systems. Infringement notices can also be issued for other offences relating to, land conservation (illegal vehicle use), marine national parks, wildlife, game hunting offences and litter.

Parks Victoria is also responsible for the management of parking at Albert Park and issues parking fines under the Road Safety Act 1986.

What is an infringement notice and why did I get one?

Infringement notices are issued to persons who have breached the law in a minor way. They are used to address the breach with minimum recourse to the criminal justice system. They allow persons to avoid the stigma associated with criminal judicial processes, including that of having a criminal conviction or finding of guilt recorded against them.

All infringement notices are governed by the Infringements Act 2006 and Parks Victoria has guidelines on how and when they are used.

An Authorised Officer of PV can issue an infringement notice for offences that are infringeable. They form part of a suite of enforcement tools available to them which the Authorised Officers can exercise at their discretion and within the bounds of any PV guidelines and the Attorney-General's Guidelines to the Infringements Act 2006.

For more information regarding infringement notices and the infringements system generally, you can visit the Victorian Government fines website.

What are my options if I have received an infringement notice?

A number of options are available to you if you receive an infringement notice:

1. pay the penalty;
2. elect to have the matter heard by a Court;
3. make application for an internal review; or
4. apply for a work and development permit (if you meet the criteria)

For most PV issued infringement notices, Fines Victoria handles payments, internal review applications, court elections, work and development applications. They can be contacted by phone on (03) 9200 8111 or in person at Ground Floor, 277 William Street, Melbourne. You should, however, check your infringement notice to make sure that Fines Victoria is the right agency to contact.

See car parking at Albert Park for information about parking fines issued at Albert Park. This page contains a link to Parks Victoria’s Authorised Agent (ARMA Group Holdings Pty Ltd) who manage the parking enforcement process on behalf of Parks Victoria. This page also contains the descriptions for grounds to appeal for an Internal Review of a parking fine.

Pay the penalty

If you pay the penalty for the infringement notice by the due date, the matter is finalised, and no further action will be taken against you unless the issuing officer withdraws the infringement notice. If this happens you will be notified in writing and your payment will be refunded.

You should read and follow the directions on the infringement notice to pay the infringement penalty. These details are found on the front of the notice.

If you are eligible, you may apply for a payment plan. Further information relating to eligibility for payment plans can be obtained by contacting the number on the infringement notice. If you are eligible for a payment plan, you must make the first payment within the time required under that plan. Failure to pay on time may result in the cancellation of the payment plan and the requirement for you to pay the outstanding amount of the penalty in one lump sum.

Have the matter dealt with by a Court

You may elect to have the matter of the infringement offence heard and determined in Court. There are strict timelines by which this can be done.

If you elect to have the matter of the infringement offence heard and determined by a Court, you must complete the relevant section on the reverse side of the infringement notice and send it to Fines Victoria in accordance with the specific instructions on the notice. You should keep a copy of the notice for your records. When your election is processed, the infringement notice will be withdrawn, and no payment will be required. The matter will then be referred for prosecution.

If a prosecution is initiated against you, you will receive a charge and summons to appear at Court and the matter will be dealt with in the ordinary way that criminal proceedings are dealt with by the Court. If this happens, you should seek legal advice because if you are found guilty of the offence, you will receive a criminal record.

Make application for an internal review

How to apply

You may apply for an internal review of the decision to issue the infringement notice by completing the relevant section on the reverse side of the infringement notice and by sending it to Fines Victoria in accordance with the specific instructions on the notice. You should keep a copy of the notice for your records.

An application for internal review may be made by you personally or, with your consent, by someone acting on your behalf. The application must be in accordance with the Infringements Act 2006, can only be made once in respect of each infringement notice and, amongst other information, must state the grounds on which the decision should be reviewed.

Your application must be in writing and must be accompanied by a statement and any documentary evidence you seek to rely on in support of your ground/s for review. If your application for review is not in accordance with the Infringements Act 2006, we will contact you and seek clarification or further information. If your application is valid, we will acknowledge receipt of your application for review, and it will be submitted to a solicitor within the Department of Energy, Environment and Climate Action (DEECA) for review.

If you have been served with more than one infringement notice, an application for internal review must be completed and submitted for each infringement notice that you wish to have reviewed. Only one application for internal review can be made regarding any one infringement offence.

As part of the internal review process, you may be asked for additional information and, if this occurs, you must provide that information within 14 days of service of that request.

An application for internal review cannot be submitted if the infringement notice is not paid and the Infringements Court has made an enforcement order.

Grounds for review

The grounds upon which you can seek a review of the decision to serve the infringement notice are that you believe that:

1. service of the infringement notice was contrary to law;
2. service of the infringement notice involved a mistake of identity;
3. Special Circumstances apply to you (see below); or
4. the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence (see below).

"Special Circumstances" is defined in the Infringements Act 2006 and, in relation to a person, means:

• A mental or intellectual disability, disorder, disease or illness, where the disability, disorder, disease or illness contributes to the person having a significantly reduced capacity to either understand that conduct constitutes an offence; or to control conduct that constitutes an offence,
• A serious addiction to drugs, alcohol or a volatile substance within the meaning of the Drugs, Poisons and Controlled Substances Act 1981, which results in the person being unable to understand that conduct constitutes an offence or are unable to control conduct that constitutes an offence.
• Homelessness, which results in the person being unable to control conduct which constitutes an offence.
• Family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and family violence contributes to the person having a significantly reduced capacity to control conduct which constitutes the offence.
• Circumstances experienced by the person that are long-term in nature, and make it impracticable for the person to pay the infringement penalty and any applicable fees or otherwise deal with the infringement notice under this Act or the Fines Reform Act 2014; and do not solely or predominantly relate to the person's financial circumstances.

Please note that any review conducted on the grounds of "special circumstances" which results in the infringement notice not being withdrawn must automatically be referred to Court.

Exceptional Circumstances is not defined in the Infringements Act 2006. This is to allow greater discretion and flexibility to individual cases. The circumstances relied upon must, however, still be linked to the offending conduct. For example, the following circumstances will not be considered exceptional:

• that you are sorry for the commission of the offence and promise not to breach the law again;
• that you didn't know the law;
• that you are experiencing financial difficulty;
• that you haven't previously breached the law;
• that you are suffering from an illness or condition which does not fall within the definition of "Special Circumstances";
• that the penalty is too high (penalties are set by legislation and cannot be adjusted by the VFA); and/or
• that you believe that it is unfair that you have received the infringement notice.

Result of review

The reviewing officer that conducts the internal review may decide to:

• withdraw the infringement notice and refer the matter to court; or
• confirm the decision to issue the infringement notice; or
• withdraw the infringement notice and serve an official warning in its place; or
• withdraw the infringement notice and take no further action; or
• waive all or any prescribed costs; or
• approve a payment plan through Fines Victoria; or
• any combination of these actions.

Once the review is complete, you will be served written notice of the outcome of the review.

If the decision to issue the infringement notice is confirmed, the date for payment of the infringement penalty will be extended by 28 days.

What if I ignore the infringement notice?

If you do not pay the infringement penalty on time and ignore all reminders, do not elect to have the matter heard in Court or do not make an application for an internal review, the matter becomes more serious and costly.

The usual infringement process is as follows:

If your infringement notice is lodged with the Infringements Court, an infringement warrant may be issued, giving the Sheriff power to enforce that warrant.

The warrant gives the Sheriff power to enforce an unpaid infringement warrant by the:

• seizure and sale of property;
• suspension of a driver licence;
• suspension of vehicle registration;
• non-renewal of vehicle registration;
• wheel clamping of a vehicle; or
• arrest of the person.

If an infringement warrant is issued and you pay the outstanding amount, the matter is finalised and no further action is taken against you.

Work and Development Permits (WDPs)

The Work and Development Permit (WDP) scheme commenced on 1 July 2017 to provide vulnerable and disadvantaged people with a non-financial option to address their fine debt. The WDP scheme is administered by the Director, Fines Victoria. A WDP allows an eligible person to work off their fine debt by participating in certain activities and treatment. Enforcement agencies are encouraged to promote this scheme to vulnerable community members.

A person must undertake a WDP under the supervision of a sponsor. A sponsor is an organisation or a health practitioner accredited by the Director, Fines Victoria to support the WDP scheme. Only a sponsor may apply to the Director, Fines Victoria for a WDP on behalf of an eligible person.

An organisation or a health practitioner may apply to become a WDP sponsor to assist their clients to deal with their fine debt and to encourage engagement with services. If an eligible person is already engaged with an organisation or a health practitioner that is not yet a WDP sponsor, the organisation or health practitioner can contact the WDP Team to get information about becoming a sponsor (see details below). For more information, visit Work and development permit scheme, or contact the WDP team:

Where can I get further information?

Contact details on who to contact to get further information regarding the infringement notice and your options are detailed on your infringement notice. In most cases, this will be Fines Victoria (however, you should check your infringement notice to make sure). Please read the infringement notice carefully and when making any enquiry, you will be required to quote your infringement notice number.