Request for Withdrawal of an Infringement Notice
If you have been issued with an infringement notice and believe that you have a legal defence, an exemption from the law, or there is an error on the infringement notice or there are exceptional circumstances, you may request to have the infringement notice withdrawn.
Lodging your review
You can request with withdrawal of the infringement notice by completing the Infringement Notice Withdrawal Request form(PDF, 231KB) and Statutory Declaration if applicable and forwarding it with any evidence and additional information to:
Rockhampton Regional Council
PO Box 1860
Rockhampton Qld 4700
The request for review must be submitted by the person issued with the infringement notice. For vehicle related offences, in most cases this will be the owner of the vehicle unless a user declaration has been supplied and another responsible person has been nominated.
Reviews of infringement notices will only occur if the request has been made in writing and received by Council within 28 days from the date the infringement notice was issued.
Providing evidence or additional information for your review
To help Council decide the matter, it is important you provide sufficient supporting evidence when you lodge your request for review.
Depending on the type of infringement notice issued, you should try to include (where applicable):
- The grounds of any legal defence, exemption from the law, exceptional circumstances or error on the infringement notice
- Photographs or diagrams showing the exact location of the incident
- Vehicle repair invoices, spare parts or towing receipt
- A copy of a valid parking permit or disability parking permit
- A copy of a parking ticket or receipt
- A copy of credit card statement, ticketing machine record
- A Statutory declaration from a witness. The form can be obtained from www.courts.qld.gov.au
- Written advice or a crime report from the Queensland Police Service
A Council officer will consider and decide the application. The officer is not the same person that issued the infringement notice.
Infringement notices are only withdrawn in extraordinary circumstances. Council reserves the right to refuse to withdraw an infringement notice at its discretion.
There are a number of reasons that are not considered valid reasons for the withdrawal of an infringement notice including ignorance of the law, financial difficulties, payment lost in mail, and did not see the sign.
After the review is finalised, Council will send a written decision to your postal address to let you know if the infringement stands or if it has been waived or withdrawn.
If an infringement notice is withdrawn, another infringement notice may be issued.
Options after review decision
If your infringement stands after the review, your options will be:
- Pay the infringement notice in full to resolve the matter
- Apply to make payments by instalment (for an infringement notice penalty of $200 or more)
- Elect to have your case heard in the Magistrates Court.
Your application for instalment agreement or request to have the matter heard in court must be lodged within 28 days of the date of notification that your infringement stands.