Get your overdue fine reviewed
Even though the fine has passed the due date you may ask Revenue NSW to check if it was correctly issued or to consider your circumstances.
If you think there was a mistake when the fine was issued, or there were other reasons that caused the offence, you can ask Revenue NSW to review the overdue fine. Revenue NSW might cancel the fine, give you a warning, or reject your application.
If you were unable to deal with the fine when it was a penalty because:
- You did not receive the penalty or penalty reminder notice
- You were prevented from dealing with the fine due to accident, illness or misadventure
- You had no previous opportunity to have the fine reviewed and you believe there was a mistake, like the fine should be given to someone else or there are exceptional circumstances.
- You have special circumstances.
Make it count
If you did not apply to have your fine reviewed when it was a penalty, you can still request a review on an overdue fine notice. There is no time limitation to submit a review, however you can only apply once.
When you apply to have your overdue fine reviewed Revenue NSW may decide that your dispute can only be resolved by a Magistrate in a Local Court. If you want to further dispute the fine you will have to elect to have the matter heard in court. To court elect an overdue fine notice you will need to show why you did not take action before the due date on the penalty reminder notice. It is often a good idea to get legal advice before lodging a court election. If your application is successful you will receive a court attendance notice, which cannot be withdrawn, and you will need to go to court.
Keeping your options open
If you review is rejected there are options available for payment of the fine debt. If you are concerned about demerit points or loss of your licence, there may also be other options available to you. You should get legal advice.
You can apply for a review by writing to Revenue NSW or completing a submission online. Revenue NSW’s contact details are on the fine.
You will need to be the person named on the notice. You may be required to provide details from the penalty notice. You will also be required to provide your personal details so that Revenue NSW can identify you.
You will need to explain why you think the fine should be reviewed.
There are internal guidelines that Revenue NSW follow when you request an internal review. Your fine will be placed on hold during the review process. If they refuse your review, they are required to let you know. A penalty reminder notice will also be sent confirming the due date by which you must complete the next step.
Review Assist provides details of when a fine will be reviewed and the supporting documentation you need to support a review.
You can only apply for review of a fine once. It is a good idea to get legal advice before sending in your application, especially if you are concerned about loss of demerit points or your licence.
Make a request for review
Apply for a request for review through the online application form and explain why the fine should be reviewed.
Revenue NSW reviews your eligibility and the fine
Revenue NSW may decide to reject the application because you are not eligible or accept your application and review the fine and:
- cancel the fine
- or change the fine to a warning
- or reject the grounds for review
- allow you to elect to have the fine decided by a Magistrate in the Local Court
If your application for review is rejected, you can choose to:
- pay the fine by the new due date
- ask for a payment plan or extension of time to pay
- challenge the decision in the Local Court. You will be given 28 days to proceed with this action. You should get legal advice.
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Please don’t ignore your fine
If you do not take action by the due date you may pay more and be stopped from driving or using your car.