Infringements

Infringement notices

As an enforcement agency, Energy Safe Victoria is required to comply with the Infringements Act 2006.

If you have received an infringement notice from Energy Safe, you have the following options:

• Pay the Infringement penalty.
• Apply for an internal review in relation to the decision to serve the notice.
• Request a payment plan from Energy Safe or a referral to Fines Victoria for a payment arrangement in relation to the infringement penalty.
• Apply for the Family Violence scheme, or a Work and Development Permit.
  

Applying for an internal review

To request an internal review, you must send a written application addressed to the Infringements Coordinator. If you are applying on behalf of a person or company that has received an infringement notice, attach a written authority signed by that person or other evidence of your authority.

Examples include a valid Power of Attorney for a person, or company extract or records listing you as an officer of the company.

The application must state why you think the decision should be reviewed. You may apply for an internal review if you believe that:

• the decision was contrary to law or involved mistaken identity
• the conduct should be excused having regard to any exceptional circumstances relating to the infringement offence
• special circumstances apply, or
• you were unaware of the infringement notice (in cases where the notice was not personally given to you).

Download the internal review application form:

Special circumstances

Special circumstances in relation to a person means:

• a mental or intellectual disability, disorder, disease or illness; or a serious addiction to drugs, alcohol or a volatile substance or someone who is homeless or a victim of family violence. You must be able to show, the person was not able to control or understand their offending conduct because of their condition or situation; or
• circumstances experienced by them that are long term in nature and make it impracticable to deal with the fine, and do not solely or predominantly relate to the person’s financial circumstances.

Please provide relevant documentary evidence in support of the ground(s) put forward in the application, such as statements, medical/psychological reports etc. You should also provide as much information about the circumstances of the offence.

Unaware of notice

If the reviewer is satisfied that you were in fact unaware the infringement notice was served, you will be given a further 21 days to pay the infringement penalty, enter into a payment plan, apply for a review on one of the other grounds of review, or elect to have the matter heard in court.

Include the following information in your application

• A current postal address so that Energy Safe can advise you in writing of the outcome of the review.
• An email address for communicating with you in relation to the progress of the review.
• Any information or evidence which you would like Energy Safe to consider as part of our review of the infringement notice.
• If you are applying on behalf of someone else, a power of attorney or other evidence of your authority.

What is the process?

Your application for internal review will be allocated to an Energy Safe solicitor for determination. The assigned solicitor may contact you if they need to clarify the basis of your internal review application or if they require more information in order to complete their review. If you are asked to provide more information, you will generally be given 14 days to provide the information. If you fail to provide the requested information by the specified deadline, the solicitor may make a decision based on the available information. In assessing and determining your application, the assigned Energy Safe solicitor is bound to follow the requirements set out in the Infringements Act 2006 (Vic) and Infringements Regulations 2016 (Vic).

What can we decide on review?

After reviewing your application for internal review, the Energy Safe solicitor may:

• confirm the decision to serve the infringement notice
• withdraw the infringement notice and serve an official warning in place of the infringement notice;
• withdraw the infringement notice
• withdraw the infringement notice and refer the matter to the Court
• waive all or any penalty reminder notice fees
• any combination of any of the actions referred to above.

How long does it take?

Once a valid application for internal review has been made, we have 90 days to complete our review and make a decision. We must notify you of our decision within 21 days of deciding the review. These timeframes may be extended where further information is requested as part of the review process. Note that only one application for review can be made in relation to an infringement notice.

Payment arrangements and payment extensions

If you are an individual or a company, you can apply to pay your outstanding fine in instalments or request extra time to pay.

Payment in instalments

Energy Safe refers requests to pay a fine in instalments to Fines Victoria for a payment arrangement.

A payment arrangement is like a payment plan but is assessed and managed by Fines Victoria.
If you would like to be referred to Fines Victoria for a payment arrangement, please contact the Infringements Coordinator in writing.

If Energy Safe accepts your request to pay your infringement in instalments, we will confirm the relevant details with you and lodge your request with Fines Victoria.

Payment extension

If you are unable to pay your fine by the due date, you may request an extension of time to pay the infringement. A request for an extension must be made before the due date and can be granted for up to 30 days.

If Energy Safe accepts your request for an extension of time to pay, we will confirm the relevant details with you and notify you in writing.

Direct all requests to pay by instalments or an extension of time to pay to:

The Infringements Coordinator
Energy Safe Victoria
PO Box 262
Collins Street West Vic 8007

The Family Violence Scheme

If eligible, the Fines Victoria's Family Violence Scheme helps victim survivors if there is a link between the family violence and their fines.

The scheme allows your infringement fine to be withdrawn if:

• you are a victim of family violence, and
• the family violence was one of the main reasons why you were unable to:
  • control the conduct for which you received the fine, or
  • name the person that committed the offence, or
  • reject a nomination.

The Family Violence scheme is administered by Fines Victoria. You can find more information about this on the Fines Victoria website.

Work and Development Permit

The Work and Development Permit (WDP) Scheme provides vulnerable and disadvantaged people with a non-financial option to address their infringement fine debt. If eligible, you can reduce your fine debt by participating in certain activities and treatment under the supervision of an accredited sponsor.

The WDP Scheme is administered by Fines Victoria. You can find more information about this on the Fines Victoria website.

What happens if I don’t pay my infringement

If you do not pay your infringement by its due date, a penalty reminder notice fee will be added to it. We may also register your infringement with Fines Victoria for enforcement. or alternatively, withdraw the infringement and issue charges in the Magistrates Court for the offence.

You can find out more information about this on the Fines Victoria website.