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
- Special circumstances apply, or
- You were unaware of the infringement notice (in cases where the notice was not personally given to you).
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, someone who is homeless or a victim of family violence. 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.
Unaware of notice
If the reviewer is satisfied that you were in fact unaware the infringement notice was served, you will be given a further 21 days to pay the infringement penalty, enter into a payment plan, apply for a review on one of the other grounds of review, or elect to have the matter heard in court.
Include the following information in your application
- 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.
If you are an individual or a company, you can apply to pay your outstanding fine in instalments. 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 automatically entitled to a payment plan if you hold a:
- Commonwealth Government (Centrelink) Pensioner Concession Card
- Department of Veterans’ Affairs Pensioner Concession Card or Gold Card, or
- Centrelink Health Care Card (all types, including non-means tested).
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.
Your application may be assessed based on your:
- outstanding fine amount
- financial status
- payment history, and
- any hardship that you are experiencing.
A request for a discretionary payment plan should:
- be in writing to the Infringements Coordinator, and
- include appropriate evidence of your financial circumstances and any hardship you are experiencing.
Offer of a payment plan
If ESV accepts your request for a payment plan, we will confirm the relevant details with you and lodge your request with Fines Victoria, who will establish and manage the payment plan on ESV’s behalf.
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.