Infringement notice internal review process

Purpose

The purpose of this policy is to outline Council’s internal review process and ensure that it meets the relevant legal and practical requirements.

The policy aims to safeguard consistent decision-making processes, and to assist with identifying the legal and practical requirements of an internal review process.

Scope

This policy applies to all infringement notices issued by Swan Hill Rural City Council (Council)
Authorised Officers and Local Law infringements issued by Victoria Police.

Policy

As per section 22 of the Infringements Act 2006, a person who receives an infringement
notice can apply for an internal review to the enforcement agency that issued the notice.
Internal reviews must be conducted in line with the requirements of the Infringements Act
2006.

Decision makers are required to exercise their discretion in making decisions within the
statutory framework, the requirements of general administrative law and Council’s policy and
procedure.

The following decision-making principles govern how internal review officers should make
decisions, particularly as those decisions can affect the rights and interests of members of
the public:

• lawfulness
• procedural fairness
• independence and impartiality
• openness and transparency
• efficiency
• rationality, and
• appropriate exercise of discretion.

Internal review decisions must only be made by staff who are properly authorised to conduct
internal reviews.

Internal review decision makers must act independently. This means that a decision maker must make their decision in an environment that is free from inappropriate influences. No one should interfere with the way in which a decision maker makes their decision.

Related Policies / Procedures / Documents

• PRO/REG404 Infringement Notice Internal Review Process
• Swan Hill Rural City Council Community Local Law No. 2
• Internal review application form
• Department of Justice and Community Services Internal Review Guidelines, Fines and Enforcement Services
• Department of Justice and Community Services Internal review guide to good practice, Fines and Enforcement Services

Related Legislation

• Infringements Act 2006
• Fines Reform Act 2014
• Road Safety Traffic Regulations
• Domestic Animals Act 1994
• Road Management Act 2004
• Local Government Act 1989

Signed: Scott Barber (CEO)
Date: 06/07/2023