Appealing/Contesting an Infringement
If you believe the infringement notice was not issued lawfully, you have a right to request a review. Requests for reviews must be recieved by Council within 12 months from the date the infringement notice was issued.
There are two options for appealing/contesting an infringement notice:
- Option One - Local Level Review
- Option Two - External Review
Option One - Local Level Review
Send a letter requesting a review with any additional information or evidence to Council. Reviews of infringement notices will only occur if the request has been made in writing and recieved by Council within 12 months from the infringement notice issue date. An infringement will not be withdrawn if it was lawfully issued and there is no legal basis for it to be withdrawn.
Mail and address all written correspondence and copy of your infringement notice to:
Gladstone Regional Council
PO Box 29
GLADSTONE DC QLD 4680
IMPORTANT NOTE: If you do not have the infringement notice, please provide:
- Vehicle registration number (if applicable)
- Name and current address of company or owner; if different to your own. You'll need to provide a statutory declaration to indicate you were not the driver
- Date of the incident.
Once a written request is received by Council, the infringement will be reviewed to ensure that the infringement was issued lawfully. After an investigation, Council will send a written decision to let you know if the fine remains or if it has been waived. The issued letter will also advise your of your next actions.
Option Two - Elect to have a Court Hearing
You have the right to elect to have this matter dealt with by a Magistrates Court. without submitting an application for appeal. If you wish to elect for the matter to be heard in a court hearing , you are to select option 3 on the reverse side of your pink infringement copy, complete your personal details and return to notice to Council within 28 days of the infringement being issued.
When considering whether to have the matter dealt with by the Court, please consider that the Court may, in addition to any penalty imposed, award costs against you if you lose the case. These additional costs may include court costs, witness expenses and legal expenses incurred by Council. Council would strongly encourage you to seek legal advice before formally electing to have the matter heard in the Magistrates Court.
Was Someone Else Was Driving your Car at Time of Offence?
If you have been served with an infringement notice as the owner of an offending vehicle, you are considered to be liable for the offence. However, your liability may be removed if you provide Council with a statutory declaration within 28 days from the date the infringement notice was issued, stating that at the time of the offence the vehicle was not being driven or used by the owner and that it was:
- driven by another person known to the owner of the vehicle
- driven by another person unknown to the owner of the vehicle
- sold or otherwise disposed of prior to the date of the offence
- being unlawfully used or stolen
A Statutory Declaration must be made by the person who was in charge of your vehicle at the time of offence or yourself with the offender's full name, contact number and address. Option 4 on the reverse side of your copy of the infringement is to be selected and your details are to be written on the bottom of the infringement. The infringement is to be returned to Council with the declaration. All statutory declarations must be witnessed by a Justice of the Peace or Commissioner for Declarations and state the name and current address of the person in charge of the vehicle at the time of the alleged offence and should include the infringement notice number and vehicle registration details.
If the actual offender is identified, Council may issue an infringement notice or commence a prosecution against such person. If the actual offender is not identified, Council may seek payment of the infringement notice or commence a prosecution against the owner of the subject vehicle.
If Council is satisfied with this information, the fine may be withdrawn and cancelled or reissued to the person nominated as being in charge of the vehicle at the time of the offence.
If you have any questions regarding your infringement please do not hesitate to contact Councils Regulatory Services Division on (07) 4977 6821.