Can an enforcement determination be reviewed?

You can apply to the Chief Recovery Officer to revoke an enforcement determination within 30 days of becoming aware of the determination [Fines Enforcement and Debt Recovery Act 2017 (SA) s 22(5)(b)(i)]. A fee of $29.25 applies (as at 1 July 2024) [Fines Enforcement and Debt Recovery (Fees) Notice 2024 (SA) Schedule 1].

Pursuant to s 22(10) of the Fines Enforcement and Debt Recovery Act 2017 (SA), an application for revocation of an enforcement determination may only be made on the basis that:

Grounds 2 and 3

If you wish to argue that you did not have a reasonable opportunity to either elect to be prosecuted or apply for a review of the expiation notice (grounds 2 and 3 listed above), the enforcement determination will only be revoked if exceptional circumstances justify your failure to make an election or apply for a review [s 22(11)].

If the Chief Recovery Officer is satisfied that exceptional circumstances exist and revokes an enforcement determination on the basis of ground 2 or 3, you must elect to be prosecuted or apply for a review (as the case may be) within 14 days of notice of the revocation or the Chief Recovery Officer may make a further enforcement determination [s 22(14)].

If the Chief Recovery Officer is not satisfied that exceptional circumstances exist and refuses to revoke an enforcement determination on the basis of ground 2 or 3, you may apply to the Magistrates Court for a review of the decision within 30 days of notice of the decision [s 23]. A fee of $66.50 (as at 1 July 2024) applies [Magistrates Court (Fees) Notice 2024].

The Court may either confirm or reverse the Chief Recovery Officer's decision [s 23(4)]. The Court's decision is not subject to further appeal [s 23(6)].

If an enforcement determination is revoked by the Court and you do not, within 14 days, either elect to be prosecuted or apply for a review of the expiation notice, then a further enforcement determination can be made against you [see s 23(5)].

Grounds 4 - 7

If an application to revoke an enforcement determination is accepted on ground 4, 5, 6 or 7, you will have 28 days from the date of revocation to deal with the expiation notice [s 22(15)]. There is no scope to seek a court review of the Chief Recovery Officer's refusal to revoke an enforcement determination under ground 1 or 4 - 8.

If an enforcement determination is made, and you do not apply for a review of the determination or make an arrangement with the Chief Recovery Officer to deal with the fine, you may incur additional costs. An additional $221 (as at 1 July 2024) will be added to the amount owing if you do nothing within 30 days of the enforcement determination being made [see Fines Enforcement and Debt Recovery Act 2017 (SA) s 26(1)(b); Fines Enforcement and Debt Recovery Regulations 2018 reg 19(2)].