Request review of infringement

Request a review

If you've received an infringement notice or penalty reminder notice, you can apply to have your infringement reviewed by WorkSafe's Internal Review Unit.

You should apply to WorkSafe Victoria for an internal review before the final due date on the infringement notice. If you have not paid the fine or taken action before the final due date, WorkSafe will register the infringement for enforcement with Fines Victoria. Once the fine is registered, you can no longer apply for a review by WorkSafe.

You can request a review of your infringement if you believe:

• there were exceptional circumstances
• the decision was contrary to law
• you have special circumstances
• there has been a mistake of identity
• you were unaware of the notice

Please note:

• You may be asked to provide evidence to support your application.
• The Internal Review Officer will make a decision on your application and advise you of the outcome in writing.
• You can withdraw your application before a decision is made.

Grounds for review application

Exceptional circumstances

You can apply on the ground of exceptional circumstances if you were aware and in control of the conduct that resulted in the infringement notice, but believe you have a good excuse. Some examples may include where the conduct was due to unforeseen or unpreventable circumstances, such as a medical emergency or an unavoidable or unforeseeable vehicle breakdown.

Exceptional circumstances may be established by a combination of circumstances which, individually, may not be considered exceptional.

You must show a connection between the exceptional circumstances and the infringement offence. WorkSafe will consider all relevant circumstances on a case by case basis, including the nature and severity of the offence, to decide whether imposing the infringement notice is fair.

You may be asked to provide further evidence if relying on this ground.

Contrary to law

You can apply on the ground of contrary to law, if you believe the decision to issue the infringement notice was unlawful, for reasons that may include:

• the infringement notice wasn’t valid, for instance it is incomplete or doesn't comply with the formal legal or procedural requirements
• the infringement offence alleged in the infringement notice didn't occur
• the person who issued the infringement notice acted unlawfully, unfairly, improperly or wasn't authorised to make the decision to issue the notice

You may be asked to provide further evidence if relying on this ground.

Special circumstances

A body corporate can't apply for review of an infringement notice on the ground of special circumstances.

'Special circumstances' is defined in section 3A of the Infringements Act 2006. You can apply for review on the ground of special circumstances if you:

• have a mental or intellectual disability, disorder, disease or illness; or
• have a serious addiction to drugs, alcohol or a volatile substance; or
• are homeless; or
• are a victim of family violence

You must be able to show you had special circumstances, and because of your special circumstances:

• you didn't understand the conduct constituting the offence; or
• you couldn't control the relevant conduct

If you're a victim survivor of family violence you may be eligible to have your infringement notice withdrawn under the Family Violence Scheme instead of applying for internal review.

Evidence supporting your application may include:

• a letter from your GP, allied health professional or case worker about your special circumstances
• medical reports
• police reports
• family violence safety notices

Evidence supporting your application should confirm:

• the existence of the relevant condition; and
• the connection between the condition and offending conduct

If you apply on the ground of special circumstances, you are acknowledging that you committed the offence, but you are asking for your fine to be reviewed because of your special circumstances at the time of the offence.

Mistaken identity

You can apply on the grounds of mistaken identity if you believe the infringement notice was issued to you in error, including because:

• you weren't present at the place and time stated in the notice; or
• you're not the person named in the infringement notice

Your application should include supporting evidence which may include:

• information about where you were at the time the infringement offence occurred; or
• a copy of your birth certificate, passport or driver licence showing that you’re not the person named in the infringement notice

Person unaware of fine

You can apply on this ground if you didn't know about the infringement notice. You must provide a valid address for service as part of your application.

If a company changes their address, they must tell ASIC their new address within 28 days. If a company doesn’t update their address within 28 days and the reason it didn’t know about the infringement notice is because it was sent to an old address, it can't apply for internal review because it was unaware.

If an individual changes their address, they must tell VicRoads their new address within 14 days. If you don’t update your address with VicRoads within 14 days and the reason that you didn’t know about the infringement notice is because it was sent to your old address, you can’t apply for internal review because you were unaware of the infringement notice.

If you apply on this ground you will still have to pay the infringement penalty, but you may get an extension of time to do so.

What happens after you apply

WorkSafe's Internal Review Unit will consider your request for review to assess whether your application is valid within 1-5 business days and may request further information to assess your application.

If you do not provide all of the required information, your application may not be accepted.

If your application is valid and accepted, the Internal Review Unit will commence reviewing the infringement notice and provide a decision in writing within 90 days from the date it received your valid application, unless further information is requested.

Possible outcomes of a review

WorkSafe can decide to:

• confirm the decision to serve the infringement notice
• withdraw the infringement notice and serve an official warning instead
• withdraw the infringement notice and take no further action
• withdraw the infringement notice and refer the matter to the Magistrates' Court
• waive all or any penalty reminder notice fees
• approve a payment plan

Following a review you'll receive written notice in the mail or by email advising of the outcome of the review.

Where an infringement notice has been confirmed, the outcome of the review will clearly set out the options available to manage the infringement notice.

Requesting an Internal Review

In relation to an inspector’s decision made under the Occupational Health and Safety Act 2004, Dangerous Goods Act 1985, Equipment (Public Safety) Act 1994 or Workplace Injury Rehabilitation and Compensation Act 2013: