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Grounds for review of an animal fine

You can apply to review an animal fine (infringement notice) based on one of the following 4 grounds.

For all of these, you'll need to attach evidence with your request for a review (outlined below).

1. Special circumstances

Special circumstances apply if the person who received the fine was affected at the time of the offence by one or more of the following, and could not control or understand their offending behaviour because of their condition or situation:

  • homelessness
  • a mental or intellectual disability
  • an addiction to drugs or alcohol
  • a condition that results in being unable to control their behaviour.

Attachment needed: evidence from a medical practitioner, social worker or drug and alcohol counsellor.

2. Contrary to law

This means that you believe no offence took place. An example of this is receiving an infringement for Failure to Register a Dog or a Cat, where your pet is actually registered.

You must provide details about why you believe the decision to issue the infringement is unlawful.

3. Mistake of identity

This means that you weren't the person in effective control of the animal at the time of the offence.

If you're not the owner, or weren't the person in effective control of the animal, you must provide evidence to support this.

4. Exceptional circumstances

Exceptional circumstances are a genuine emergency or events that were unforeseen, for example, a medical emergency or a fence coming down in severe weather and the dog escaping.

Council has authority to decide whether your situation counts as exceptional or not.

You must prove the situation was serious and beyond your control and have good supporting evidence (for example, a receipt from fencing company).

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