If you are alleged to have committed an offence you maybe:
- issued with a written warning
- issued an infringement notice
- prosecution action taken.
Pay an infringement fine
If you have received an infringement notice, you can pay the fine here.
Pay the fineWritten warning
Written warnings are issued for minor offences and are not mandated or enforceable by law in Western Australia (WA). You do not have to pay a penalty, acquire a criminal conviction on your record, or attend court.
If you commit a similar offence a second or subsequent time, you may be issued with an infringement notice or prosecution action may be taken against you in court.
You cannot dispute a written warning as it isn’t enforceable by law, and it doesn’t attract a financial penalty or criminal conviction. However, the department may do one of the following after the written warning has been issued:
- Withdraw the written warning and that is the end of the matter.
- Withdraw the written warning and instead, issue an infringement notice or take prosecution action.
If you are issued with a written warning, you don’t need to do anything except take notice of the warning and not undertake the same actions in the future.
In some states, a written warning is called a caution. We use the term written warning to avoid confusion with the legal caution a compliance officer must provide to remind you of your rights as an alleged offender.
Infringement notice
An infringement notice is issued for minor offences and attracts a fine as a penalty. If a compliance officer issues you with an infringement notice, a range of options might be available to you:
You may pay the penalty as described on the infringement notice and that will be the end of the matter. If you pay the amount stated on the notice without electing to go to court, you will not end up with a criminal conviction.
Instructions on how to pay your infringement is provided on the reverse side of the infringement notice.
You may decide to have your infringement heard in court by completing the appropriate section on the reverse side of the infringement notice.
Once your election to go to court is received by the department, you will be issued a court notice. The matter will be listed at a specific court along with the date and time, this information is provided on the court notice you receive.
Before you go to court, it is advisable that you seek independent legal advice and read more information on attending court.
Grounds for requesting a review
You may request an internal review of the decision to issue with an infringement notice if you believe the decision:
- was contray to law
- was based on mistaken identity
- ignored exceptional circumstances relating to the conduct that resulted in the infringement.
Please note that exceptional circumstances does not include:
- You are sorry for committing the offence and promise not to do it again.
- You didn't know the law (it is your responsibility to know all the rules regarding your intended activities).
- You are experiencing financial hardship.
- You have not committed an offence before.
- You are suffering from a medical illness or condition.
- The fine is too expensive (penalties are precribed and can't be changed by the department).
- You believe you have been treated unfairly because you received the infringement in the first place.
How to request an internal review
If you believe you meet one of the grounds for review, you may request an internal review. Your request must be in writing and be accompanied by a statement and any documentary evidence you seek to rely on in support of your ground/s for review.
Be very clear and specific as to why you are requesting an internal review and make sure you meet the grounds for review before writing a request.
If you decide to proceed, the review request can be emailed to the Compliance Governance and Prosecution section.
If your request is valid, the department will acknowledge receiving your application and it will be submitted to an independent person within the department for review.
The due date for paying the infringement will be suspended until the review is complete.
What happens after the internal review?
When an internal review if completed, one of the following actions may be taken:
- The decision to issue the infringement notice is confirmed and a new payment date set.
- The infringement notice is withdrawn, and no further action is taken.
- The infringement notice is withdrawn, and an official warning is issued.
- The infringement notice is withdrawn, and prosecution action is taken in court.
You will be given written notice of the outcome once the internal review is completed.
Do not ignore an infringement notice if you are issued with one. It will not go away.
If you can’t pay the infringement notice by the due date, you may request an extension of time to pay. You can do this by immediately contacting the Compliance Governance and Prosecution section.
If you do not contact the department and fail to pay the penalty by the due date as described on the infringement notice, a Final Demand Notice will be issued where an additional cost will need to be paid.
If you fail to pay the Final Demand Notice by the due date, the department will register the matter with the Fines Enforcement Registry for further action and additional costs will apply.
Under the Fines, Penalties and Infringement Notices Enformcement Act 1994, when a matter is registered with the Fines Enforcement Registry, the following action can occur:
- Your driver's licence may be suspended or cancelled.
- Your details may be published on the Court and Tribunal Services website.
- Your vehicle may be immobilised or have its number plates removed.
- Your property may be seized and sold.
You should seek independent legal advice if you are ever in doubt as to whether you should or shouldn’t pay the penalty, elect to go to court or request an internal review.
Prosecution action will occur:
- if you have been issued with an infringement notice and you elect to go to court
- if you were initially issued with a written warning or infringement notice and the department reviews the matter and withdraws that written warning or infringement notice to undertake prosecution action instead
- when you are alleged to have committed an offence that the department determines will be dealt with by way of prosecution action in court.
You will receive a notice to attend court on a specified date and time, which you must attend. Instructions and additional information will accompany the court notice.
If you choose not to attend or forget to attend court, the court may take further action against you.
In all cases, it is strongly advised that you seek independent legal advice if you receive a notice to attend court.
Contact us
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Compliance Governance and Prosecutions SectionPostal: Locked Bag 4, Bentley Delivery Centre, Bentley WA 6983