Enforcement and infringement notices
The objective of this policy is to provide a framework for decision making relating to compliance and enforcement actions taken by ESV staff.
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For more information, call ESV Legal Operations on 03 9203 9700 or email firstname.lastname@example.org.
As an enforcement agency, ESV is required to comply with the Infringements Act 2006.
If you have received an infringement notice from ESV, you are entitled to an internal review in relation to the decision to serve the notice. You may also request a payment plan in relation to the infringement penalty.
Applying for an internal review
To request an internal review, you must send a written application addressed to the Infringements Coordinator. If you are applying on behalf of a person who has received an infringement notice, attach an authority signed by that person or other evidence of your authority, such as a 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 about the circumstances of the offence.
Include the following information
- A current postal address so that ESV can advise you in writing of the outcome of the review
- An email address 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 90 days to complete the review and to inform you of the outcome. However, failure on your part to follow the requirements and provide requested information may result in delays. Note that only one application for review can be made in relation to an infringement notice.
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 allows 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
Applying to ESV for a payment plan
A payment plan request should:
- Be made in writing to the Infringements Coordinator at the address below
- Include a photocopy of the current concession or Health Care card
Discretionary payment plans
If you do not hold a relevant concession or Health Care Card, ESV may offer a payment plan upon receiving a request in writing. ESV will decide whether or not to offer a payment plan based on your financial circumstances.
A request for a discretionary payment plan should:
- Be in writing to the Infringements Coordinator
- Include appropriate evidence of your financial circumstances
- Indicate whether you want to pay by instalments, have 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, ESV will advise in writing 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 all applications to:
The Infringements Coordinator
Energy Safe Victoria
PO Box 262
Collins Street West Vic 8007
If you have any queries in relation to enforcements or infringement notices, please contact ESV on 03 9203 9700 or email us at email@example.com.