Court proceedings during the COVID-19 pandemic declaration period are delayed
Going to court should be your last option. It is usually more time-consuming and costly than using our review process.
Here are your other options:
There are three ways you can apply to have your fine decided in court.
|Use our online process||Go to myPenalty and complete the online application process. To login, you'll need to enter the reference number on your penalty or infringement notice and the date of the offence.|
If you've lost your notice, contact us or complete the enquiry form.
You'll need to provide some proof of identification, such as your address, date of birth or driver's licence number.
|Download and complete the form||Download, print and complete the request to have a penalty decided in court for an individual PDF, 156.4 KB or a company PDF, 153.59 KB and send it to us.|
|Send a written request to us||Put your request in writing and send it to|
PO Box 786, Strawberry Hills NSW 2012
You should apply to go to court before the due date on your penalty reminder.
If you've already paid the fine, you have 90 days from the date the penalty was issued.
If you’re not sure of the due date, contact us.
If you don’t apply to go to court by the due date, you may need to go through a more difficult process, which involves proving you were hindered from requesting to go to court before the due date.
Read more about challenging an overdue fine in court.
If your application is complete and received by the due date, we'll take the following steps.
|Apply for a court date||We’ll set a date and notify you of the details.|
|Refund money to you||If you’ve already paid a fine, we'll refund the money to you and/or reverse any demerit points applied to your driver licence.|
Once we’ve processed your request to go to court, we will send the following documents to you:
If you choose to plead not guilty, you will be given an additional hearing date.
More information about the court process can be found on the Department of Communities and Justice website.
Once a Court Attendance Notice (CAN) has been issued, this replaces your penalty notice and we can't stop the court process.
The court will decide your case in one of three ways.
|Guilty||You will need to pay a penalty, which the court will set. You will have to pay court costs and may also have to pay the prosecutors’ professional costs. You will lose any applicable demerit points.|
|Guilty, no conviction recorded||The court may find you guilty but not make you pay a fine. You will have to pay court costs and may also have to pay the prosecutors’ professional costs. The offence will appear on your driving record but you won’t lose any applicable demerit points.|
|Not guilty||You won’t need to pay a fine or lose demerit points, nor will you have to pay costs.|
If you have questions about the legal process or you need help with legal representation or translation, you should explore the options below.
If you have a visa, it's recommended that you seek legal advice before electing to go to court, as a recorded conviction could affect your status.
If you’re under 18, you may be entitled to legal advice through the Legal Aid Youth Hotline.
The Indigenous Women’s Legal Program provides free and confidential legal advice to women with Aboriginal and Torres Strait Island backgrounds.