Requesting an Infringement Review because of Special Circumstances

Under the Infringements Act 2006 you can ask Council to review your infringement because you can provide evidence that there were special circumstances meaning you were unable to understand or control your conduct.

You must provide a statement that explains how your special circumstances meant you could not obey the law. This statement should be less than 12 months old.

A statement should include:

  • The qualifications of the person making the statement and their relationship with you
  • The type, severity and duration of your condition or symptoms
  • How your condition affected your inability to understand or control your conduct leading to the offence

It would also be helpful if the statement included any treatment you have undertaken or are currently undertaking.

Statements can be accepted from one or more relevant practitioners:

Mental or Intellectual Condition

  • General practitioner
  • Psychologist, psychiatrist or psychiatric nurse

Serious Addiction to Drugs or Alcohol

  • General practitioner
  • Psychologist or psychiatrist
  • Case manager
  • Accredited drug treatment agency or counsellor

Homelessness

Family Violence

  • Medical practitioner
  • Victoria Police
  • Family violence case worker or social worker
  • Health or community welfare service provider