How to Contest a Traffic Fine in Australia

Your Options When You Receive a Traffic Fine

When you receive a traffic infringement notice (a fine), you generally have three options:

1. Pay the fine — accept the penalty and any demerit points
2. Request an internal review — ask the issuing agency to review the decision
3. Elect to have it heard in court — challenge the infringement before a magistrate

Internal Review

Most states allow you to request an internal review of an infringement before it goes to court. This is handled by the agency that issued the fine (usually the police or the relevant road authority).

You can request a review on the basis of:

• Special circumstances — serious hardship, mental health issues, extenuating circumstances at the time of the offence
• Factual error — the offence did not occur, or the details are wrong
• Exceptional circumstances — a genuine emergency required you to speed or commit the offence

Reviews can result in the fine being withdrawn, reduced, or replaced with a warning. However, they can also be rejected.

Electing to Go to Court

You have a right to have any infringement notice heard in a magistrates court. If you elect court, the infringement notice is withdrawn and the matter is prosecuted as a fresh court charge. The prosecution must then prove the offence beyond reasonable doubt.

Advantages of court:

• You can present your case to a magistrate
• Prosecution must prove the offence
• If found not guilty, you pay nothing and receive no demerit points
• Even if found guilty, the magistrate may impose a lesser penalty

Risks of court:

• If found guilty, the court can impose a higher fine than the original infringement
• Legal costs (if you hire a lawyer)
• Court attendance required

Grounds for Contesting

Common grounds for challenging traffic infringements:

Technical grounds:

• Speed camera not calibrated correctly
• Inadequate signage at the location
• Errors in the infringement notice (wrong vehicle details, date, time)

Factual grounds:

• You were not driving the vehicle
• The recorded speed is incorrect
• You did not commit the offence described

Necessity/Emergency:

• You had a genuine emergency (medical emergency, sudden illness) that required you to break the traffic law

Statutory Declaration for Nomination

If someone else was driving your vehicle when the offence occurred, you can nominate them using a statutory declaration. You will not be responsible for the fine or demerit points, but the nominated driver will be. Failing to nominate when required is itself an offence.

State-by-State Process

Each state has its own process and deadlines:

• NSW: Request a review via Revenue NSW, or elect court within 28 days
• VIC: Request a review via Fines Victoria, or elect court
• QLD: Request an extension, waiver, or go to court
• WA: Apply for an infringement withdrawal or elect court

Always check the timeframes on your infringement notice — missing the deadline can result in the fine being registered as a debt.