Infringement notices
As an enforcement agency, Energy Safe Victoria (ESV) is required to comply with the Infringements Act 2006, which commenced on 1 July 2006.
If you have received an infringement notice from ESV, you are entitled to an internal review of the decision to serve the notice. You are also able to request a payment plan in relation to the infringement penalty.
Applying for an internal review
To apply for an internal review you need to send an application in writing addressed to the Infringements Coordinator. If you are applying on behalf of a person who has received an infringement notice from ESV, please attach an authority signed by that person or other evidence of your authority, such as valid Power of Attorney.
The application must state why you think the decision should be reviewed. You may apply for internal review if you believe that:
- The decision was contrary to law or involved mistaken identity;
- The conduct should be excused having regard to any exceptional circumstances relating to the infringement offence; or
- Special circumstances apply.
Special circumstances in relation to a person means a mental or intellectual disability, disorder, disease or illness; or a serious addiction to drugs, alcohol or a volatile substance; or someone who is homeless. Further, the person was not able to control or understand their offending conduct because of their condition or situation.
Please provide relevant documentary evidence in support of the ground/s put forward in the application, such as statements, medical/psychological reports etc. You should also provide as much information as you can about the circumstances of the offence.
Provide the following information about yourself:
- a current postal address so that ESV can send you a notice advising the outcome of the review
- an email address is helpful for communicating with you in relation to the progress of the review.
How long does it take?
Once an application for internal review has been made, ESV has a maximum of 90 days to complete the review and to inform you of the outcome. However, failure to follow the requirements and provide information requested may result in delays. Please note that only one application for review can be made in relation to an infringement notice.
Payment plans
Unless you are a body corporate, you may be eligible for a payment plan under section 46 of the Infringements Act 2006. A payment plan enables payment of the infringement penalty by instalments, or gives you extra time to pay the penalty, or it may be a combination of the two.
You are entitled to a payment plan if you hold:
- a Commonwealth Government (Centrelink) Pensioner Concession Card
- a Department of Veterans’ Affairs Pensioner Concession Card or Gold Card
- a Centrelink Health Care Card.
If you do not hold one of these cards, ESV may offer a payment plan on receiving a request in writing.
Applying to ESV for a payment plan
If you are an individual who holds one of the cards specified above, you may write to ESV requesting a payment plan. The request should:
- be made in writing to the Infringements Coordinator at the address below
- include a photocopy of the current card.
If you do not hold one of the cards specified above, ESV will decide whether or not to offer you a payment plan based on your financial circumstances.
A request for a discretionary payment plan should:
- be made in writing to the Infringements Coordinator
- include appropriate evidence of your financial circumstances
- indicate whether you want to pay by instalments, or by an extension of time to pay, or by both instalments and an extension of time
- state how much you propose to pay by way of monthly instalments and/or how much extra time you need to pay the penalty (see the minimum amounts specified below).
Offer of a payment plan
If ESV accepts your request for a payment plan, you will receive a letter from ESV confirming the relevant details.
ESV will not offer a payment plan where the amount of the infringement penalty is less than $200.
If you wish to pay by instalments, the minimum instalment amount that ESV will accept is $100 per month.
Direct your applications to:
The Infringements Coordinator
Energy Safe Victoria
PO Box 262
Collins Street West Vic 8007