Disputing a fine

To dispute your fine (infringement notice, enforcement order or court-ordered fine), you will need to do the following depending on your situation:

• talk to the agency who gave it to you (infringement notices)
• talk to the State Penalties Enforcement Registry, known as SPER (enforcement orders)
• apply to go to court (infringement notices, enforcement orders and court-ordered fines).

Talk to the agency who gave it to you

If you receive an infringement notice that you think is wrong, talk to the agency who gave it to you. It is a good idea to try to solve the problem with the agency before applying to go to court. Explain why you think the fine should be different or why you think you weren’t responsible for the offence. Offer to send them proof (e.g. a passport stamp to show you were not in the country or a statutory declaration from your employer to say you were working somewhere else). They will tell you how to put your dispute in writing and send it to them.

Talk to SPER

If you receive an enforcement order from SPER that you think is wrong (because you never received an infringement notice and you don’t believe you could have been responsible for the offence, or because you are still resolving the issue with the agency that first gave you the fine), contact SPER straightaway and explain what is going on. SPER can sometimes put a freeze on enforcement action while you work out your situation with the agency.

Apply to go to court

We recommend that you seek legal advice before deciding to dispute any fine in court. If you are unsuccessful, you will most likely need to pay more than the cost of the original fine, because the court will add extra fees.

If you haven’t been to court for the fine before

Infringement fines less than 28 days old

If you want to go to court about an on-the-spot fine or a fine mailed to you (an infringement notice), and your fine is not yet overdue (you got it less than 28 days ago), you need to:

1. complete the section on your fine (infringement notice) within 28 days and post it back to the agency that gave it to you. The address is on your fine.
2. wait for the agency to post you your court date (this is called a complaint and summons letter).
3. attend court on the day. This is usually the Magistrates Court closest to where your offence happened. Your complaint and summons letter will give you the details.

If you are successful in court, the person representing the agency in court will cancel your fine.

If you are unsuccessful, the Magistrate will tell you how much you need to pay (your fine plus extra court costs) and whether your court fine will be referred to SPER for enforcement.

Overdue infringement fines

If you receive an on-the-spot fine or have a fine mailed to you (an infringement notice) but youdo nothing about it within 28 days, the agency who gave it to you will send it to SPER to enforce. SPER will send you an enforcement order. If you want to go to court once you get an enforcement order, you need to:

1. complete the section on your enforcement order within 28 days and post it to back to SPER at the listed address. SPER will tell the agency that first gave you your fine that you want to go to court. The agency will withdraw your fine from SPER and set up your court date.
2. wait for the agency who first gave you your fine to post you your court date (this letter is called a complaint and summons).
3. attend court on the day. This is usually the Magistrates Court closest to where your offence happened. Your complaint and summons letter will give you the details.

If you are successful in court, the Magistrate will dismiss the charge and the agency will cancel your fine.

If you are unsuccessful, the Magistrate will tell you how much you need to pay (your fine plus extra court costs) and whether your court fine will be referred to SPER for enforcement.

If you are outside the 28 days (and your enforcement order is therefore overdue), you might still be able to apply to go to court; however, strict rules apply. Contact SPER to find out if you are eligible.

If you want to go back to the court that created your court order

You can request a court rehearing if you did not attend on the day when the court created your court-ordered fine and you disagree with it. You need to contact the Magistrates, Supreme or District court that heard your offence to find out how to apply. You must do this within 2 months of getting your court order. You should seek legal advice as you might face extra costs by asking for a rehearing. Once you have a rehearing date, contact SPER to let them know.

You can request a court reopening if you did attend on the day when the court created your court ordered fine but you think it is wrong and based on a factual or legal error. You must do this within 28 days of getting your court order. You should seek legal advice as you might face extra costs by asking for a reopening.  Once you have a reopening date, contact SPER to let them know.

Contact SPER

Contact SPER online (preferred option), by phone, post, or over the counter to seek advice.

Online

Complete the online enquiry form.

By phone

Call 1300 365 635 (8am–6pm, Monday–Friday).

By post

Include your full name, address, date of birth and phone number when mailing letters to SPER.

The Registrar
SPER
GPO Box 1387
BRISBANE  QLD  4001

Over the counter

Visit your local Magistrates Court or Queensland Government Agent Program (QGAP) office.