Division 2A Internal review

24A   Application for review of penalty notice

(1)  An application may be made by or on behalf of any person for a review of the decision to issue a penalty notice in respect of the person.

(2)  An application for a review:

(a)  is to be made in writing to the issuing agency for the penalty notice or to the State Debt Recovery Office (if the fine under the penalty notice is payable to the State Debt Recovery Office), and

(b)  is to include the mailing address of the applicant and the grounds on which the review is sought (including supporting evidence).

(3)  An application for a review may be made even if the whole or part of the amount payable under the penalty notice has been paid, but such an application may not be made later than:

(a)  if the whole of the amount payable under the penalty notice has been paid and no penalty reminder notice is served in respect of the offence—60 days after the penalty notice was served, or

(b)  in any other case—the due date specified in the penalty reminder notice for payment in relation to the offence concerned.

(4)  The regulations may make provision for or with respect to applications under this section.

24B   Circumstances when agency is not required to conduct a review

(1)  An agency that receives an application for a review of a decision to issue a penalty notice is not required to conduct a review of the decision under this Division in any of the following circumstances:

(a)  the agency notifies the applicant in writing, within 10 days after receiving the application, that it has decided not to conduct a review under this Division and gives reasons for its decision,

(b)  a review of the decision has already been conducted under this Division,

(c)  such other circumstances as may be prescribed by the regulations.

(2)  An agency that decides not to conduct a review may take such other action as it sees fit, including withdrawing the penalty notice to which an application relates.

24C   Review by reviewing agency

(1)  Except as provided by section 24B, an agency that receives an application for review under this Division must conduct a review in accordance with this Division.

(2)  The reviewing agency is to ensure that a review under this Division is conducted by a person who was not involved in making the decision that is the subject of the review.

24D   Request for additional information

(1)  When conducting a review under this Division, a reviewing agency may request, in writing, additional information from the applicant.

(2)  The additional information must be provided by the applicant to the reviewing agency within 14 days of the request.

(3)  If the information is not provided within the time specified, the review may be conducted without that information.

24E   Outcome of review

(1)  After reviewing a decision under this Division, a reviewing agency may confirm the decision to issue a penalty notice or may withdraw the penalty notice.

(2)  A reviewing agency must withdraw a penalty notice if it finds any of the following grounds to be made out:

(a)  the penalty notice was issued contrary to law,

(b)  the issue of the penalty notice involved a mistake of identity,

(c)  the penalty notice should not have been issued, having regard to the exceptional circumstances relating to the offence,

(d)  the person to whom the penalty notice was issued is unable, because the person has an intellectual disability, a mental illness, a cognitive impairment or is homeless:

(i)  to understand that the person’s conduct constituted an offence, or

(ii)  to control such conduct,

(e)  an official caution should have been given instead of a penalty notice, having regard to the relevant guidelines under section 19A,

(f)  any other ground prescribed by the regulations.

(3)  A reviewing agency may, at its discretion, also decide to withdraw a penalty notice on a ground other than those specified in subsection (2).

(4)  A reviewing agency is to notify the applicant in writing of the outcome of the review within 42 days of receipt of the application, or within 56 days if additional information has been requested under this Division.

24F   Action to be taken if decision to issue penalty notice is confirmed

(1)  If, after a review under this Division, a reviewing agency confirms a decision to issue a penalty notice in respect of an offence by a person (and the whole amount payable under the notice has not been paid), it must, in accordance with Division 3, serve a penalty reminder notice in respect of the offence on the person.

Note. Accordingly, the time for making an election to have a matter dealt with by a court under section 36 (2) will be on or before the due date for payment specified in the penalty reminder notice served under this section.

(2)  A penalty reminder notice served under subsection (1) replaces any previous penalty reminder notice in respect of the offence.

(3)  (Repealed)

24G   Effect of withdrawal of penalty notice

(1)  If a reviewing agency withdraws a penalty notice, following a review under this Division or otherwise, it may, if it considers it appropriate to do so, give an official caution to the person in accordance with Division 1A as if it were an appropriate officer.

(2)  If a penalty notice is withdrawn:

(a)  any penalty reminder notice, in respect of the offence to which the penalty notice relates, is also taken to be withdrawn, and

(b)  if all or part of the amount under the penalty notice or penalty reminder notice has been paid:

(i)  any action taken to record demerit points against a person in the demerit points register kept under the Road Transport (Driver Licensing) Act 1998 because of that payment is to be reversed by Roads and Maritime Services, and

(ii)  the amount that has been paid is repayable to the person by whom it was paid.

24H   Agency may review a decision on its own motion

(1)  Nothing in this Division limits the power of a reviewing agency to review a decision to issue a penalty notice, or withdraw a penalty notice, on its own motion.

(2)  If a reviewing agency withdraws a penalty notice on its own motion after the amount under the penalty notice (or a penalty reminder notice in respect of the offence to which the penalty notice relates) has been paid, no person is liable to any further proceedings for the alleged offence.

24I   Review terminated if matter dealt with by court

If a person elects to have a matter dealt with by a court under this Part while a review under this Division is in progress, the review is terminated on the person making that election.

24J   Reviewing agencies may enter into arrangements with respect to functions under Division

A reviewing agency may enter into arrangements with another person or body under which the functions of the agency under this Division are exercised by that person or body on behalf of the agency.