Infringements Court Revocation FAQ
For contact details of the Infringements Court and Civic Compliance Victoria, please go to the Infringements Court page of this website.
How do I apply for revocation of an Enforcement Order?
If unpaid infringement notices remain unresolved, a warrant will be issued for an Enforcement Order to be enforced by the Sheriff. As there is not an actual hearing in the making of Enforcement Orders, a defendant may apply for revocation of the Order at any time until a warrant is executed.
The procedure for applying for revocation of an Enforcement Order are outlined under Section 65 of the Infringements Act 2006. Under the Act, all applications must be:
- In the form of a written statement
- Outline the grounds on which the applicant is seeking revocation
- Be made by the person named in the Enforcement Order or by an authorised company representative
Please note, the Infringements Court Registrar can only determine when an order is suitable for revocation based on the material provided by the applicant.
All applications for revocation should be mailed to:
PO Box 14487
Melbourne VIC 8001
How are applications for revocation determined?
Revocation will only be granted where mitigating circumstances or social justice issues are identified by the Infringements Court Registrar as worthy of consideration by the issuing agency of a Magistrate in an open court.
In determining a revocation application the Infringements Court Registrar has three options:
1. Grant the Application
If the Registrar is satisfied there are sufficient grounds to grant the application for revocation, then they may decide to revoke the Enforcement Order. However, the Infringements Court Registrar does not hold the power to withdraw or dismiss an infringement notice. A copy of the application will be forwarded to the issuing agency for their consideration and the applicant advised that the order has been revoked. If the issuing agency chooses not to withdraw the infringement within 21 days, the Infringements Court Registrar must refer the matter to Open Court for hearing before a Magistrate.
2. Refuse the Application
If the Infringements Court Registrar is not satisfied that there are sufficient grounds for revoking the order, the application will be refused and the defendant will be advised in writing of the refusal. If the defendant wishes to lodge an objection to the refusal, they must do so in writing within 28 days of the refusal notice. The Infringements Court Registrar will the application to the Court for consideration.
3. Refuse the Application but vary the costs.
If the Infringements Court Registrar is not satisfied that there are sufficient grounds for revoking the Enforcement Order, they may refuse the application but may vary some or all of the costs. If the defendant does not agree with the Registrar’s decision, they may lodge a written objection to the decision within 28 days of the decision being made. The Infringements Court Registrar will refer the objection to the court to consider.
Who is eligible to apply for revocation of an Enforcement Order under “Special Circumstances”?
A person with “Special Circumstances” as defined under Section 3 of the Infringements Act 2006, is eligible to apply for revocation of an Enforcement Order under Section 65 of the Act.
Special Circumstances may include any of the following conditions:
- Intellectual disability
- Diagnosed mental illness
- Serious addiction to drugs or alcohol
The Infringements Act 2006 provides that all applications for revocation based on Special Circumstances must:
- Be in the form of a written statement, and,
- Be accompanied by evidence of the Special Circumstances (such as a medical report from a doctor).
Can I apply for revocation in relation to an excessive speed/drink/drug driving infringement?
The Infringements Court Registrar cannot consider any application for Revocation (including Special Circumstances situations) where a loss of licence has occurred which was attributed to an excessive speed, drink/drug driving infringement notice being issued.