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Dispute an enforcement order in court

To dispute an overdue fine for failure to vote, please use myEnforcement Order.

To have your enforcement order heard in court you need to apply for an annulment.

You can only apply for a court hearing if a magistrate has not previously heard your fine.

If your fine is from a court, contact the court where the fine was issued to find out what appeal options are still available.

How do I apply to annul an enforcement order?

To have your enforcement order assessed, please complete our Online annulment questionnaire and application.

Once you complete the questionnaire, you will be advised if you are eligible to apply and what documentation you must submit.

If you are eligible to apply, you must pay a $50 non-refundable application fee per enforcement order. Note: Some enforcement orders may list multiple penalty notices, however only one fee is payable per enforcement order even if you are disputing more than one penalty notice listed on that enforcement order.

This fee may be waived in some instances, such as being on an eligible Centrelink payment, homelessness, certain disabilities or if we made a mistake.

Your questionnaire answers and supporting documents will need to:

  • Prove you were unable to deal with the penalty notice and penalty reminder notice by the due dates
  • Support your reason for disputing the offence
  • Support your reason why you are applying for a waiver of the annulment fee (if applicable).

Before lodging an application, you may seek legal advice. If your application is approved, you will likely have to attend court. Staff at the Local Court can provide information about court procedures, but cannot provide legal advice. For free legal information and referral services, contact LawAccess (operated by the Department of Justice) on 1300 888 529 or www.lawaccess.nsw.gov.au

You must complete the questionnaire and application together which will take around 10 minutes to complete. Please allow enough time because you cannot save your information. Before you start your application, you must have the following information:

  • enforcement order number(s)
  • penalty notice number(s)
  • drivers licence number
  • supporting documentation, see examples below.
  • email address
  • phone number

What are common examples of documentation required when requesting an annulment?

To help you prepare your application, some common examples of documentation required when requesting an annulment are listed below.

If you think any of these apply to your situation, please have them ready before you start your application. We accept attachments in PDF, DOC and JPEG/JPG formats.

Documentation supporting reasons you were unable to deal with the penalty or reminder notice by the due date

  • Department of Immigration and Border Protection (DIBP) movement records.
  • Hospital admittance and discharge records.
  • Letter and documentation from an Advocacy Group.
  • Confirmation from Australia Post confirming delivery issues at your address.
  • Evidence from your medical provider.
  • Evidence from the Roads and Maritime Services (RMS) or other authority showing an error has occurred in their records.

Documentation supporting reasons for reviewing the document

  • Statutory declaration to nominate the driver responsible.
  • Copy of a valid parking ticket.
  • Copy of mobility parking permit (front and back).
  • Clear copy of your parking permit.
  • Tow truck receipt or NRMA call out sheet.
  • Evidence that you did not own the animal or the animal is deceased.
  • Police event number.
  • Clear copy of your valid bus, train or ferry ticket, permit or concession card.

Documentation supporting the waiving of the application fee

  • Current Centrelink statement not more than 6 months old.
  • A letter and supporting documentation from health practitioner, psychiatrist, registered psychologist, mental health nurse, case worker, solicitor or a government agency or non-government organisation with professionals qualified to make assessments in homelessness, mental health, intellectual disabilities or cognitive impairments. The documentation should explain the situation, the diagnosis, the severity and effects of the situation/illness/condition and/or how long the applicant has had the illness/condition. The supporting documentation should be no older than 6 months from the date of the application.

What happens after I submit my application?

Once received, we assess your application and supporting documentation. This can take up to 6 weeks to complete. We will advise you in writing of the outcome.

What if my application is accepted?

If your application supports a claim that you were unable to finalise the penalty notice and a review has not previously been conducted, we will conduct a review using our Review guidelines (PDF).

If the review determines there is no cause to withdraw the penalty or we are unable to transfer liability to the driver responsible, we will list the matter before a court. We will generally list the matter at the nearest local court to where the offence was alleged to have occurred.

We will advise you in writing the date and court to attend. If you have already made a payment, we will refund or transfer the payment to any other outstanding fine in your name. We will notify RMS to remove any demerit points attached to the offence in your name.

If the magistrate finds the offence is not proven or dismisses the case, you are not required to pay. If you are unsuccessful, the court will tell you what you owe, how to pay and your appeal options.

Note: The court may apply additional costs.

What if my application is refused?

If your circumstances do not support your claim that you were unable to finalise the penalty reminder notice, we will advise you in writing that your application is refused. You will have a further 28 days to make a payment or set up a pay by instalment plan before enforcement action recommences. Your $50 application fee will be kept unless we have made an error.

If you wish to appeal our 'refusal' decision, you must lodge a written application to the Registrar of a NSW Local Court within 28 days of our letter. The court may charge an additional fee. If your appeal is successful and the court hears the case involving the original penalty notice, additional costs may apply.

If you lodge an appeal, you will need to fax a copy of the appeal application, after it has been completed by the court, to SDRO on 02 6354 7302. This will prevent further enforcement action being taken during the appeal process.

Apply now

If you wish to lodge an application for annulment, please complete our Online annulment questionnaire and application.

Last updated: 15 September 2015