The State Debt Recovery Office (SDRO) issues and processes penalty notices on behalf of NSW agencies such as police, local councils, government departments and other agencies.

Penalty notices are issued for many offences such as:
· Parking
· Speeding and other driving offences
· Red light and other traffic camera offences
· Not complying with a local council notice

If you receive a penalty notice you can elect to have the offence heard in court by completing the court election section of the notice and returning it to SDRO. If the penalty notice does not include a court election section or form, you can download a form or apply online at www.sdro.nsw.gov.au

Driving offences – If you were not the driver of the vehicle when the offence occurred electing to go to court might not be the best option. You can complete a statutory declaration and send to SDRO and the penalty notice will be issued to the person you nominate as the driver and responsible for the offence. For more information, read the SDRO factsheet: A guide to the fine processing and enforcement system.

IMPORTANT: Think carefully before completing a court election and get legal advice if you need help deciding. The court will consider the circumstances of the offence and will determine what penalty, if appropriate, to impose. The penalty a court can impose can be higher than the original amount and the court can order that you pay court costs.

For more information, read the SDRO web information and factsheet: Having your penalty notice decided in court.

Do I have to go to Court?
If you elect to have the offence heard by a court you will receive a Court Attendance Notice from SDRO. The Court Attendance Notice will have a date to appear at court, which is the date that you will enter a ‘plea’. A plea is your advice to the court about whether you are guilty or not guilty of the offence.

You can advise the court of your plea by completing and sending a form called Written Notice of Pleading.

You do not have to attend court if you file a Written Notice of Pleading at least 7 days before the date listed on the Court Attendance Notice.

If you are unsure, contact the court registry and speak to court staff about your case.

Form – Written Notice of Pleading

Can I just pay the original penalty instead of going to court?
If you have elected to have the matter heard by a court and a Court Attendance Notice has been issued, the SDRO cannot withdraw the matter from court. You will need to wait until the court determines what the penalty, if appropriate, will be. You will need to either attend court or file a written notice of pleading form.

How does the court deal with a Written Notice of Pleading?
Where a plea of guilty is given, the court will usually determine the matter that day. Include on the form your explanation about the offence and any information or exceptional circumstances you want the court to know. The court will decide whether a penalty should be imposed and what that penalty will be.

The court registry will only send you written notice of the outcome if a fine and/or court costs are imposed.

Where a plea of not guilty is given, the court will not determine the matter that day. The court will list the case on another day for witnesses to attend and give evidence. Include on the form how many witnesses you will bring for your case.

The court registry will send you a notice to advise of the date for the hearing. You will need to attend court on the hearing date and bring your witnesses.