Parking fine blunder

by Courtney O'Brien
For more than 17 years, Baw Baw Shire has been over collecting on parking infringement fines, because of a long running administrative error.

Council believes about 17,800 fines issued between January 1, 2002 and June 30, 2010; and, July 1, 2016 and August 4, 2025 were affected.
Refunds of between $13.50 and $61, depending on the time of the fine, may be available to impacted motorists.

Seven minor types of parking infringements are involved including: parking for longer than indicated; parked contrary to requirements of the parking area; failure to comply with angle parking or with 90-degree angle parking; not completely within a parking bay; long vehicle exceeding minimum number of bays; and, stopped contrary to a no-parking sign.

Shire planning and development director Luke Connell said council became aware of the issue late last year.
"Following reports that another local government had uncovered this issue, Baw Baw Shire Council conducted an investigation into its own practices and discovered the error.
"Since it was discovered, council officers have been working to establish the refund scheme and we're now ready to commence the process. Council can't confirm the amount of people impacted."

As part of the refund scheme motorists can check online to see if they are eligible for a refund of the overcharged amount.
The Road Safety Act 1986 enables councils to increase the penalty for 11 minor parking offences up to a maximum 0.5 penalty unit. However, a council resolution is required to increase the parking penalty units.

Without a resolution, councils can only apply a 0.2 penalty unit.
Due to an administrative error, Baw Baw Shire applied the maximum 0.5 penalty unit to the lower-level parking infringement types without a specific council resolution to do so.

At the time when the error was made, council officers believed the fees were set as statutory fees which did not need any further action from council.

"Our teams have been working hard behind the scenes to rectify these issues," mayor Kate Wilson said.
"Affected motorists will be able to apply for a refund of the overcharged amount of their parking fine and council apologises for any inconvenience caused to the community."

To lodge a refund claim, an infringement number or a vehicle registration number will need to be provided, and to ensure refunds go to the correct person, applicants also will have to provide certain documents in support of their application. To check eligibility and apply for the partial refund, visit council's website.