Request to go to Court

If you don't want your offence to be dealt with as an infringement, you can choose to have the matter heard and determined in the Magistrates' Court.

Request to go to Court


What you need to know

Before you apply to go to Court, you may wish to consider requesting a review.

If your infringement notice is at Infringement Notice stage or Penalty Reminder Notice stage, you can apply to have your matter heard in the Magistrates' Court (or the Children's Court if you are under 18 years of age).

What happens after you apply

Once you notify WorkSafe Victoria of your intention to elect to have the matter heard and determined in the Magistrate's Court:

  • the matter will be listed at the Magistrates' Court
  • you may need to appear before the Court at a specified date and time (you'll be notified of your court date, time and location in the mail). This is called a hearing

If you don't go to your hearing, the Court can decide the matter in your absence.

Possible outcomes of a Court hearing

The Magistrate will hear your case and decide on whether you are guilty or not guilty of the offence and an appropriate penalty. They may decide to:

  • record a conviction if they find you guilty
  • issue you with a new fine (the penalty may be either more or less than the amount on your Infringement Notice)
  • dismiss or discharge your case
  • adjourn (delay) the matter
  • order you to pay the court costs

Related information