How to challenge a mobile phone fine in NSW (2026 guide)

Published 2026-05-07 · 5 min read

TL;DR

NSW issues mobile-phone-camera fines using AI detection that misreads sunglasses cases, water bottles and ear-bud cases. You can lodge a free internal review under §24A of the Fines Act 1996 (NSW). The strongest angles are: ambiguity in the AI image (request the pre-crop image + AI confidence score under FOI), the 10-year clean-record caution, and procedural defects on the notice.

If your fine looks like this:

  • A$410+ fine for "use mobile phone while driving"
  • Issued by an AI camera (not a police officer at the roadside)
  • You're the registered owner, you were driving
  • Your driving record over the last 10 years is clean

Step-by-step

  1. Photograph the notice

    Take a clear photo of every page of the penalty notice. The notice number, the camera site code, and the offence date all matter for the review.

  2. Lodge a Section 24A internal review

    Go to service.nsw.gov.au, choose 'Request a review for a fine', upload the notice and the dispute letter. There's no fee. Revenue NSW typically responds within 8 weeks.

  3. FOI the AI evidence

    In the same submission, request: the pre-crop image as captured by the camera, the AI confidence score for the alleged detection, and the AI model certification under the Evidence Act 1995 (NSW). If Revenue NSW can't produce all three, the evidentiary basis is incomplete.

  4. Run the 10-year clean-record angle if you qualify

    Print your driving record from Service NSW (free). If it shows a clean 10-year history, the Internal Review Guidelines support a caution in lieu of fine — no demerit points, no record.

  5. Track the outcome

    When Revenue NSW writes back, note the outcome: cancelled, caution, or upheld. If upheld and the fine is still wrong, the next step is court election, which needs a real lawyer (out of unbook scope; we hand off).

Primary sources

Common questions

Do I need a lawyer to lodge an internal review?
No. Internal review under §24A is a statutory administrative process. You lodge it yourself through Service NSW. unbook prepares the letter; you sign and lodge. If the review fails and you elect court, that's where a lawyer comes in.
How long does it take to hear back?
Revenue NSW aims for 8 weeks. It can occasionally take longer, especially around the end of the financial year.
What if my mobile-phone fine was issued by a police officer, not an AI camera?
Different evidentiary path. The AI-camera-specific angle won't apply, but procedural defects, the 10-year clean record, and statutory defences (medical emergency) still can.
Will lodging a review put my fine on hold?
Yes. Revenue NSW pauses enforcement while internal review is pending.

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