Infringement Payments other than Parking
Council has a statutory and community obligation to enforce certain legislation within the municipality, which may result in an infringement being issued to an alleged offender for breaches against the legislation.
If you receive an Infringement you have the following options:
- Pay the infringement notice in full; or
- Request an extension of time; or
- Submit an appeal to Council to review; or
- Elect to have the matter heard and determined in Court
Paying an Infringement Notice
Payment must be made before the due date on the infringement notice or additional costs will be incurred. If you have received a penalty reminder notice (including additional costs) payment must be made before the due date on the penalty reminder notice or further legal action will be taken.
How To Pay Infringement Notices
No Credit Card payments accepted within 2 business days of infringement being issued.
Infringement Notices both "Normal" and "Overdue" can be paid over the phone with Visa or MasterCard by phoning 1300 322 322 during business hours.
Please make your cheque or money order payable to Frankston City Council, please indicate your Infringement Number and post to:
- Frankston City Council
PO Box 490
Frankston VIC 3199.
In Person at Frankston City Council Customer Service Centres
If the amount of the infringement is paid by the Due Date, the matter will not be brought before the Court, or the Children's Court, as the case requires, unless the Infringement Notice is withdrawn before the Due Date
Extension of time
You can request to extend your penalty payment due date as specified on your original infringement notice. To arrange an extension, phone Customer Service on 1300 322 322.
Appealing an Infringement Notice
If you have been served with an infringement notice, you may request a review of the decision to serve an infringement notice if you believe that the decision was:
- Contrary to law; or
- Involved a mistake of identity; or
- That ‘special circumstances’ (as defined by the Infringements Act 2006) apply to you or
- That the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence.
All requests must be made in writing by completing an Infringement Review Application form. Requests must be submitted to Council within 28 days of the notice being issued.
Incomplete forms and forms submitted outside the 28 days of the notice being issued will not be accepted and the infringement appeal request will not be reviewed.
Please note each Infringement type may have a different set of requirements and circumstances that will and will not be considered.
Animal Infringements and Fees
- An appeal for the withdrawal of an Animal Infringement for the Failure to Register a dog or cat will NOT be considered if the dog or cat remains unregistered.
- All Animal Infringement amounts issued under the Domestic Animals Act 1994 are not set by Council, but by the Victorian State Government
- A Pound Release Fee is NOT a fine/infringement and is not refundable.
- Council seeks positive information from dog or cat owners as to why Council should consider the withdrawal of the infringement. For example: measures the owner has implemented on their property to prevent the dog from escaping again.
For all the information regarding Infringements issued by Parking Enforcement.
Upon review, Council may uphold the decision to serve the infringement notice or withdraw the infringement notice or issue an official warning or waive all or any prescribed costs or approve a payment plan or refer the matter to the Magistrates Court of Victoria for consideration.
Once your request to review has been received, your infringement notice is placed on hold while a decision is being made. Once a decision has been made, Council will write to you confirming its decision.
Under the Infringements Act 2006, Council has 90 days to make a decision based on the information provided by you. However, Council may request additional information to further support your application. If Council upholds your appeal, you may either pay the Infringement Notice or elect to have the matter heard and determined in the Magistrates Court.
Elect to have the matter heard and determined in Court
You may elect to have the matter heard and determined in Court.
You must notify Frankston City Council in writing if you wish to refer the matter to the Magistrates Court.
Ignoring your infringement can lead to court action or result in your infringement being lodged with the Infringements Court for enforcement.