Welcome to the Shire of Exmouth

Appeals

Infringements may be considered for withdrawal by stating the grounds of your objection. Supporting documentation must be provided.

All requests for infringements to be reviewed must be made to the Shire of Exmouth in written form, within 28 days of the infringement issue date, in line with the Fines, Penalties and Infringement Notices Enforcement Act 1994.

There are several options for making an appeal. Choose from the following:

• Email: Download and complete the Appeal Infringement Form and return it via email to info@exmouth.wa.gov.au with any supporting documents.
• In Person: Visit the Shire of Exmouth Administration Office at the Ningaloo Centre, 2 Truscott Cr, Exmouth 6707 WA between 8.30am and 4.30pm, Monday to Friday. Remember to bring in any supporting documents.

All infringement appeals must be submitted via the Appeal Infringement Form

Your appeal will only be considered if it meets one of the following criteria:

• The vehicle owner was not the driver at the time of the infringement issue. A properly completed, signed and witnessed Statutory Declaration must be provided.
• Infringement Notice was issued 'contrary to law' (you believe you did not commit the offence). You are required to provide details/reasons as to why the Infringement Notice was issued contrary to law.
• A disabled parking permit was not displayed or was obscured. A valid ACROD permit in the name of the vehicle owner must be provided.
• Signage was missing, obscured, or inadequate. The information must be substantiated by a Town Authorised Person following a site inspection confirming the assertion.
• Special or exceptional circumstances that is
  • Life threatening or serious medical emergency. (A medical certificate from a medical practitioner, or an authorised the person at the relevant hospital authority must substantiate this in writing);
  • Emotional state or mental condition, where a driver's emotional state, mental or intellectual disability, disorder or illness is a factor for non-compliance. Evidence to be provided from a general practitioner, psychologist, psychiatrist, psychiatric nurse, or accredited drug treatment agency or counsellor to demonstrate the condition prevailing at the time resulted in the driver being unable to either understand or control their conduct which led to the infringement notice being issued;
  • Vehicle breakdown, flat tyre, etc. (Documentary evidence must be provided from the RAC, a reputable motor vehicle breakdown service company or motor vehicle mechanical repair company or other evidence of mechanical failure to be provided); and
  • In an emergency, where you could cause hazards to other road users. (A medical certificate from a medical practitioner, or an authorised person at the relevant hospital authority must substantiate this in writing);
  • Vehicle stolen or used without the prior authority of the owner. Police report to be provided.
  • Compliance with a lawful instruction from a Police Officer, Ranger or other Town Authorised Person. In cases due to an emergency or as a result of action by the Police to remove/apprehend the driver, consideration is only given where a statement from Police or other Authorised Person is provide

Circumstances that DO NOT meet the requirements for the withdrawal of an infringement:

• Your infringement appeal is received after the 28^th day of the issue date on the infringement
• You did not see the sign
• You did not understand the sign
• You were unaware of the law; or you disagree with the law
• You did not plan ahead and book accommodation
• You thought you could camp there are there was no sign

NOTE: Failure to pay or appeal your infringement within 28 days from issue may result in additional penalty costs being incurred and/or you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994.