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Applying for review of an enforcement determination

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:

  1. the expiation notice should not have been given to you in the first place; or
  2. you did not have a reasonable opportunity to elect to be prosecuted; or
  3. you did not have a reasonable opportunity to apply for a review of the expiation notice; or
  4. procedural requirements were not followed; or
  5. you failed to receive anexpiation notice and an expiation reminder notice; or
  6. the issuing authority failed to receive a notice sent by you electing to be prosecuted; or
  7. the issuing authority failed to receive a nomination, statutory declaration or other document sent by you; or
  8. you have already expiated the offence(s) (paid the amount of the expiation notice).

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)].

    Applying for review of an enforcement determination  :  Last Revised: Fri Feb 2nd 2024
    The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.