How to dispute a fine or infringement
Brisbane City Council issues infringement notices (fines) for various offences such as illegal parking, animal and local law or state legislative breaches. If you believe your fine should be withdrawn, you can request Council to review it.
Council has a three stage dispute process:
Important information before you lodge an appeal
Before you lodge an appeal, consider the following common scenarios in which Council is unlikely to consider withdrawing a fine or infringement.
However, Council may consider withdrawing a fine or infringement in certain circumstances.
Check your fine or infringement notice details online prior to lodging your dispute via the Self Service Portal.
Providing evidence or additional information
You should provide sufficient supporting evidence to Council when you lodge your appeal.
Depending on the type of fine or infringement issued you should include (where applicable):
- the infringement number
- your contact details, including postal address
- date of the incident
- vehicle registration number
- animal name, breed and registration number
- clear reasoning why you wish the infringement notice to be withdrawn
- any evidence to support your appeal, including any photographs or diagrams that you believe appropriate
- a statutory declaration form completed by an eyewitness. You can download the form from the Queensland Courts website
- written advice or a crime report from the Queensland Police Service
- meter receipt or proof of CellOPark payment.
If your fine relates to an incident involving a vehicle, and you were not the driver, you can download, print and complete a statutory declaration form (PDF - 86kb).
Stage one - local level review
Council will investigate the matters raised in your appeal and determine if there are sufficient grounds to withdraw or uphold the fine or infringement. Prior to appealing, please consider the following common scenarios in which Council is unlikely to consider withdrawing a fine or infringement.
You must lodge your appeal to Council within 28 days from the date the fine or infringement was issued to avoid further notices or additional costs. Upon receipt, Council will place the matter on hold until a final decision is made.
The above local level review information also relates to tolling fine or infringement appeals. However, statutory declarations nominating another driver at the time of travel is not applicable. The registered owner receives the notice on all Linkt tolling notices. This includes final demand notices.
Drivers are not issued a toll infringement for non-payment of tolls. They are issued for the offence of 'fail to comply with a local government tollway notice to the registered owner of vehicle'.
You can lodge an appeal with supporting documentation if you have sold the vehicle, or the vehicle or plates were stolen at the time of travel.
Lodging your stage one review
You can appeal a fine online or send a written request for review with any evidence and additional information to:
Brisbane City Council
GPO Box 589
Brisbane Qld 4001.
Council will send you a written response. Advice about the stage two process review rights will be provided at this time if the fine is upheld.
Stage two review - Disputes Commissioner
If you disagree with the decision made from stage one, you can request a review by Council’s Disputes Commissioner. This option is only available if the fine or infringement was issued for an offence regarding:
- pool fences
The Disputes Commissioner is an independent office within Council that has the ability to overturn or uphold the stage one decision after completing their review.
Important information before you lodge a dispute
The role of the Disputes Commissioner is to determine whether the offence occurred, whether the infringement notice was issued correctly, and whether there are any extenuating circumstances which would warrant the withdrawal of the infringement notice.
Please ensure you have read and considered the following common scenarios in which the Disputes Commissioner may consider upholding or withdrawing a fine or infringement.
Lodging your stage two review
You should lodge an appeal within 14 days of the date recorded on your stage one response letter.
You can resubmit the dispute a fine online form for the attention of the Disputes Commissioner, or send a completed Prescribed Infringement Notice (PIN) submission for review by Disputes Commissioner (PDF - 80kb) to Council. You may also send a written request for review and include any evidence or additional information to support your appeal to:
Brisbane City Council
GPO Box 589
Brisbane Qld 4001
The Disputes Commissioner will send you a written response.
Stage three – external review
If you disagree with the decision made in stage two, you can elect to have your case heard in the Magistrates Court. Details are on the back of your infringement/fine. Alternatively, you can pay the fine to resolve the matter.