Infringements

If you are caught breaking the law for some offences, you will be issued with a penalty in the form of an infringement notice (a fine). 

Depending on the offence, you may receive an infringement:

  • on-the-spot by an issuing officer (if you are intercepted at the time of the offence)
  • attached to your vehicle
  • in the mail

If you do not deal with your infringement by the due date, the matter will become more serious and you will 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. 

Your Infringement Notice will include information about:

  • your offence
  • how much you owe
  • how you can pay
  • your options for dealing with the infringement
  • the infringement due date

Visit our online Customer Portal to pay or manage your infringement

When you manage your infringement online using the link on Council’s website you will be redirected to the Customer Portal.

Your options are:

 

Visit our online Customer Portal to manage your infringement. You can:

  • pay your infringement
  • review the details of your infringement
  • appeal your infringement
  • nominate another person responsible
  • apply for a payment extension
  • elect to go to court

Note: you will need your infringement number and offence date as shown on your infringement notice.

To pay by phone using a Visa or MasterCard, call 1300 417 683 and have your infringement notice ready. 

If you have lost your infringement notice please contact us.

When you manage your infringement online using the link on Council’s website you will be redirected to the Customer Portal.

Enforcement of unpaid infringements

Hobsons Bay City Council takes steps to enforce unpaid infringement notices. At each stage you have the opportunity to pay the infringement notice, including any added prescribed fees.

Step 1: Penalty Reminder Notice

21 days to pay the infringement notice (plus prescribed fees of $27.70)

After 28 days Council will send you a reminder called a Penalty Reminder Notice. An extra fee of $27.70 will be added to the infringement notice at this stage. The notice will provide options including:

  • pay the total amount by the due date
  • request an internal review
  • elect to have the matter heard in the Magistrates' Court
  • nominate the driver (parking fines)

Step 2: Notice of Final Demand

28 days to pay the infringement notice (plus prescribed fees of $143.30)

After 21 days has passed the Council may register the infringement notice with the Director, Fines Victoria. Once this occurs $143.30 will be added to your fine and the Director will send you a Notice of Final Demand giving 28 days notice to pay.

Step 3: Enforcement Warrant

Enforcement Warrant is issued against you (plus prescribed fees of $62.60)

If you do not respond to the Notice of Final Demand within 28 days, the infringement notice may be sent to the Magistrates' Court.

The Magistrates’ Court will issue an Enforcement Warrant, incurring a further $62.60, requiring you to pay the infringement notice plus the Penalty Reminder Notice costs and all enforcement-related costs.

This is a court order and should be treated seriously. If you wish to object to the Enforcement Warrant, you can request an Enforcement Review with Fines Victoria.

Step 4: Seven Day Notice

Seven days to pay fine plus fees

This is your final warning to deal with your fine before the Sheriff takes further action against you.  

The warrant authorises the Sheriff to demand payment of the infringement notice fine and all accumulated fees, or seize your goods as security. If you have not paid within seven days:

  • your property may be sold
  • if you have no goods to seize, you can be imprisoned

Fines Victoria

Fines Victoria is a centralised administration system for collecting overdue fines. As a division of the Magistrates' Court, its decisions have the force of court orders, however, you do not get to appear before a magistrate. If you wish to dispute your infringement notice before a court, you must elect to do so in writing to Hobsons Bay City Council before the matter is registered with Fines Victoria.

Prescribed fees

Prescribed fees, as outlined above, are reviewed and increased regularly. For further information, visit the Magistrates' Court of Victoria.

For more information about the infringements process, visit Fines Victoria.

Contact us

For more information you may contact us at Hobsons Bay City Council.

Pay your planning or building site infringement

If you have a planning or building site infringement please refer to the back of your infringement for your direct link to pay via Greenlight.

Appeal your planning or building site infringement

If you believe there is a valid reason for you not to pay an infringement notice, you may request an internal review. 

Under the Infringements Act 2006 and the Fines Reform Act 2014 valid reasons are:

  • exceptional circumstances (unforeseen or unpreventable circumstances, e.g. medical emergencies)
  • contrary to law
  • mistaken identity
  • person unaware of fine
  • special circumstances (only mental health issues, substance abuse, homelessness and family violence)
  • Penalty Reminder Notice fee waiver request (this does not waive the infringement cost)

The internal review process can take up to 90 days and you will be advised of the outcome. 

In accordance with the Infringements Act 2006, an infringement notice can only be reviewed once. The decision to review is final. No further correspondence will be entered into after the notice of decision has been communicated. 

Please note that at times we may require additional information from you to support your application for internal review. You should provide this information by the specified date. If it is not received, a decision will be made based on the information at hand.

Should your internal review be unsuccessful, you will be advised of a new payment date. 

How to appeal

Print out and complete an application form to request an internal review of your infringement.

You can also send a letter to us requesting that the notice be reviewed.

If you write to us, your letter must provide the following information:

  • your name and postal address
  • the infringement notice number
  • the offence as stated on the infringement notice
  • a valid reason of why you believe the infringement notice should be reviewed
  • any supporting evidence

Please send your completed application form or letter to:

Hobsons Bay City Council
PO Box 21
Altona VIC 3018

or email your completed application for internal review form to customerservice@hobsonsbay.vic.gov.au

Request to go to court

You can elect to have your infringement notice dealt with in the Magistrates' Court by notifying us in writing. Please note that additional costs may apply. We recommend that you seek independent legal advice prior to making that decision. 

What if I do not pay or do the specified works/actions

Hobsons Bay City Council takes steps to enforce unpaid infringement notices. At each stage you have the opportunity to pay the infringement notice, including any added prescribed fees.

Step 1 : Penalty Reminder Notice

21 days to pay the infringement notice (plus prescribed fees of $27.70)

After 28 days Council will send you a reminder called a Penalty Reminder Notice. An extra fee of $27.70 will be added to the infringement notice at this stage. The notice will provide options including:

  • pay the total amount by the due date
  • request an internal review
  • elect to have the matter heard in the Magistrates' Court

Step 2 :

After 60 days of a unpaid penalty notice or works not taken Council will send you a reminder called a penalty reminder notice. An extra fee of $27.70 will be added to the infringement notice amount.

Step 3 :

If the infringement notice remains unpaid or the specified works incomplete you will be notified.  Council will brief a legal practitioner for the issuing of criminal charges and summons at the Magistrates' Court.

At this stage prior to the issuing of charges, the penalty and additional costs may be paid and the required works undertaken.

If the penalty notice is paid but the works are not done within the specified time, Council will refund any paid monies and brief a legal practitioner for the issuing of criminal charges and summons at the Magistrates' Court. 

The Magistrate will determine the penalty.

For more information please contact us.

Contact us

For more information or assistance if you are unable to access the online Customer Portalcontact us at Hobsons Bay City Council