What is an Expiation and why has it been issued?

Expiation notices can be issued for offences outlined under various State Government legislation or Council By-laws. If you have been issued an expiation notice it is because a Council Authorised Officer believes you have committed an offence.

How are Expiation Fees set?

Expiation fees for Offences under State Government Legislation are set by State Government. Council By-law expiation fees are set by Council and are listed in Council’s Fees and Charges register.

How can I pay an Expiation Notice?

The current options to pay an expiation notice fee are:

• Call Council on 8832 0000 to pay over the phone with a credit card.
• Post a cheque or money order to Yorke Peninsula Council, PO Box 57, Maitland 5573.
• Complete the back side of the Expiation Notice and post to Yorke Peninsula Council, PO Box 57, Maitland 5573
• Visit one of Council’s 3 offices in person.

What if I can’t pay my expiation notice fee by the due date?

If paying your expiation notice will cause you financial difficulties or hardship you can enter into a payment arrangement with the Fines Enforcement and Recovery Unit (FERU) by contacting them on 1800 659 538 or visit www.fines.sa.gov.au.

Council suggests you do this as soon as you are issued an expiation notice as you will avoid a reminder fee or FERU enforcement fees. Please note Council cannot accept part payments of your expiation fee so all payment arrangements must be arranged with FERU directly.

What will happen if I don’t pay the Expiation Notice?

You are granted 28 days (from the date of issue) to pay an expiation notice fee.

If Council do not receive payment, a reminder notice is issued with an additional fee that is set by legislation.

If Council still do not receive payment, the legislated process requires that the expiation notice is forwarded to the State Government’s Fines Enforcement and Recover Unit (FERU). On top of the original expiation notice fee and reminder fee, FERU then apply an enforcement fee and Victims of Crime Levy.

If you are still to fail to pay the expiation fee, further enforcement by FERU can include suspension of your driver’s licence, preventing you to renew your driver’s licence, prevent you from registering a vehicle in your name. FERU have the further ability to, but not limited to, taking money from your bank account or wage, seizing and selling your assets, refer the matter to a debt collector and impounding your vehicle.

How do I dispute the Expiation?

You can request a review if:

• You did not commit the offence
• The expiation notice has an error in the detail
• You think the alleged offence is trifling (see below for definition of trifling)

If the offence was in relation to your vehicle but you were not the driver or you did not own the vehicle at the time, you can submit a Driver Nomination Form (make this a link to the Driver Nomination Form) nominating the person responsible for the vehicle at the time of the alleged offence.

You will need to include any documented evidence (such as a valid permit, mechanical repair report or towing invoice, documentation from a medical provider or any other evidence you feel relevant) to prove the reason you are requesting a review of your expiation notice.

What does trifling mean?

Under the Expiation of Offences Act 1996, an issuing Authority may withdraw an expiation if the matter is deemed to be trifling.

Sec 4(2) “An alleged offence will, for the purposes of the Act, be regarded as trifling if, and only if, the circumstances surrounding the commission of the offence were such that the alleged offender ought to be excused from being given an expiation notice on the ground that:

• (a) there were compelling humanitarian or safety reasons for the conduct that allegedly constituted the offence;
• Or
• (b) the alleged offender could not, in all the circumstances, reasonably have averted committing the offence;
• Or
• (c) the conduct allegedly constituting the offence was merely a technical, trivial or petty instance of a breach of the relevant enactment.

The Expiations of Offences Act 1996 includes provisions for Expiation Notices to be withdrawn if the matter is considered trifling. To assist you to determine whether or not the matter was trifling ask yourself the following questions.

• Was there a medical emergency which resulted in the vehicle being parked or stopped in an illegal manner?
  • If yes, please provide a copy of the documented evidence from the Ambulance Service, Hospital Administration or Medical Professional that will confirm the medical emergency.
• Was there a mechanical failure to the vehicle which resulted in it being parked or stopped in an illegal manner which prevented the vehicle from being moved to a legal parking space?
  • If yes, please provide documented evidence from Roadside Assistance or attending mechanic or towing company confirming date and time of attendance at the location of your vehicle.
• Does the Expiation Notice which you received contain incorrect information such as incorrect date, time or location?
  • If yes, please detail in your written statement. Please note that photo or video evidence was likely taken at the time of the offence and a new expiation may be issued with corrected information.
• Were there signs indicating parking restrictions not in accordance with the requirements of the relevant standards?
  • If yes, please include a diagram or photo indicating the inaccuracy.
• Were there compelling humanitarian or safety reasons or other reasons for the conduct that resulted in the alleged offence occurring?
  • If yes, please provide the documented evidence.

If you answered No to the questions listed above it is unlikely that the expiation notice can be withdrawn.

Still want to request a review?

If you believe you have a valid reason to request a review, then please click on the relevant option below. As only one review of an expiation will occur it is essential that you include all information and documented evidence in this first and only review.

Parking / Camping / Boat Launching Offence Criteria

Animal Related Offence Criteria

All Other Offence Criteria

What happens after I have submitted the review of expiation notice?

Once you have submitted your request for a review your expiation notice is put on hold and no further fees will be added during the review process. The review process will consider circumstances why the expiation notice was issued (reviewing photo and video evidence as well as Ranger notes of the alleged offence) and then consider your evidence and/or explanation. Once a decision has been made you will be notified via email if the expiation notice stands or if it will be withdrawn. This can take up to 4 weeks.

If your expiation notice is withdrawn, you will be notified, and no further action is required from you.

If your expiation notice is not withdrawn, then the review process has been exhausted, and you have the following options:

• Pay the expiation fee.
• Apply to the Fines Enforcement and Recovery Unit to set up a payment plan.
• Elect to be prosecuted.

What if I don’t agree with Council’s review decision?

You may dispute the alleged offence and elect to be prosecuted. This means you are requesting that the matter be taken to court. If you wish to do this, you need to complete the front section on the expiation notice and submit to Council via email or post. Council will consider this, and you may receive a summons to appear before a magistrate at court.

Please be advised that this is likely to cost you more than the original expiation fee and Council will seek to recover all costs as part of this process as well as the original expiation fee.