As discussed under "Apply for review by the enforcement agency", above, you can request an internal review of the agency's decision to issue you with a fine. This can only be done before the fine is lodged with the Infringements Court. If the application for withdrawal is made on the basis of "special circumstances", the agency may either withdraw the infringement notice or decline to withdraw the notice and refer the matter to the Magistrates' Court for hearing.

The same process applies as for cases referred under section 66 of the Infringements Act after an application for revocation has been made other than on the ground of special circumstances (see below).

Section 66 of the Infringements Act provides that a matter may be revoked and referred or sent to the Magistrates' Court for their consideration where there are sufficient grounds or good reasons for a revocation. Where a case is referred to the Magistrates' Court under section 66, other than where it is an application for revocation on the basis of special circumstances, you (the defendant) or your lawyer will receive a Notice of Hearing. This notice will set out a "mention date".

Each matter will generally be referred to the court nearest to where the offence is alleged to have occurred. If you have multiple matters, this means that they may be referred to different courts. If you wish to have all the matters dealt with at once, in the same court, you will need to identify all the separate matters, so that you can then try to persuade the agencies involved to agree to attend a single hearing. You can also ask the Magistrates' Court to list the cases at the same court, for a single hearing.

For more information on court procedures, see: "Appearing in the Magistrates' Court", below. See also: Chapters 2*1 Self-representation, and 3*5 Sentencing in the Magistrates' Court.

Where a case is referred to court under section 66 on the basis of "special circumstances", your matter or matters will be listed together at Melbourne Magistrates' Court for first mention on the Special Circumstances List. If you plead guilty at that mention, the Magistrate can then deal with the matter at that time.

The Special Circumstances List (a forum just for special circumstances applications that sits on the Thursdays at the Melbourne Magistrates Court) aims to identify and address the issues underlying the "offending behaviours" of persons with special circumstances. Most often, defendants in this list will have their matters dismissed, or adjourned on an undertaking of good behaviour for a specified period, after which the matters will be dismissed.

For more information on court procedures, see: "Appearing in the Magistrates' Court", below. See also: Chapters 2*1 Self-representation, and 3*5 Sentencing in the Magistrates' Court.

Where the Infringements Registrar decides not to revoke the order, you may apply to have the application for revocation referred to the Magistrates' Court, as discussed under "Challenging decision not to revoke", above. The application is, in effect, an appeal from the decision of the registrar to refuse the revocation application. As discussed above, the magistrate will allow the appeal and revoke the enforcement order if satisfied that non-payment could result in imprisonment (i.e. if the defendant has no assets and inadequate income to pay the fines) or if justice otherwise requires that the case be dealt with on its merits.

The application may also proceed by way of consent. If the enforcement order is revoked and the defendant pleads guilty to the alleged offence, the Magistrate will immediately proceed to hear and determine the matter.

You do not have to wait until the fine is registered with the Infringements Court to get the matter heard in court. As discussed under "Dispute the fine: take the matter to court", above, you can elect for the fine to be referred directly to the Magistrates' Court when it is still at the infringement notice or penalty reminder notice stage.

Once the matter has been listed you will receive a Notice of Hearing. This notice will set out a mention date. If you plead guilty, the matter will be heard and determined on that date. If you are pleading not guilty, the matter may be heard on that day or adjourned to a later date.

If you decline to be dealt with under the infringements system (i.e. you opt to have the matter dealt with in the Magistrates' Court at the infringement notice or penalty reminder notice stage) and you may have "special circumstances", your lawyer should contact the Enforcement Review Coordinator at the Magistrates' Court. Upon proof of "special circumstances", the Enforcement Review Coordinator may arrange for the matter to be adjourned to the Special Circumstances List. This will be done administratively (i.e. there is no need for you or your lawyer to appear in court for the adjournment).