Infringements

Infringement notices

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:

1. The decision was contrary to law or involved mistaken identity
2. The conduct should be excused having regard to any exceptional circumstances relating to the infringement offence
3. Special circumstances apply, or
4. You were unaware of the infringement notice (in cases where the notice was not personally given to you).

Download the internal review application form:

ESV_ApplicationForReviewForm_InfringementNotice_2022FINAL

pdf 127.37 KB

Special circumstances

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 or a victim of family violence. You must be able to show, the person was not able to control or understand their offending conduct because of their condition or situation; or
• circumstances experienced by them that are long term in nature and make it impracticable to deal with the fine, and do not solely or predominantly relate to the person’s financial circumstances.

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.
• Any information or evidence which you would like ESV to consider as part of our review of the infringement notice.
• If you are applying on behalf of someone else, a power of attorney or other evidence of your authority.

What is the process?

Your application for internal review will be allocated to an ESV solicitor for determination. The assigned solicitor may contact you if they need to clarify the basis of your internal review application or if they require more information in order to complete their review. If you are asked to provide more information, you will generally be given 14 days to provide the information. If you fail to provide the requested information by the specified deadline, the solicitor may make a decision based on the available information. In assessing and determining your application, the assigned ESV solicitor is bound to follow the requirements set out in the Infringements Act 2006 (Vic) and Infringements Regulations 2016 (Vic).

What can we decide on review?

After review your application for internal review, the ESV solicitor may:

• confirm the decision to serve the infringement notice
• withdraw the infringement notice and serve an official warning in place of the infringement notice;
• withdraw the infringement notice
• withdraw the infringement notice and refer the matter to the Court
• waive all or any penalty reminder notice fees;
• approve a payment plan;
• any combination of any of the actions referred to above.

How long does it take?

Once an application for internal review has been made, we have 90 days to complete our review and make a decision. We must notify you of our decision within 21 days of deciding the review. These timeframes may be extended where further information is requested as part of the review process. Note that only one application for review can be made in relation to an infringement notice.

Payment plans

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
• income
• 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