Clearway fines New Canterbury Road

Ann Newton made this Government Information (Public Access) request to NSW Office of State Revenue

The request was successful.

From: Ann Newton

Delivered

Dear NSW Office of State Revenue,

I would like to request all records of clearway fines issued for New Canterbury Road in Dulwich Hill from 2015 onwards. Specifically location, number reviewed, number of reviews rejected and on what grounds, number of court cases from fines and results of those court cases.

Yours faithfully,

Ann Newton

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From: GIPA-DFSI
NSW Office of State Revenue


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Dear Ms Newton,

 

Thank you for your request to access information held by Revenue NSW,
which is division of the Department of Finance, Services and Innovation
(DFSI).

 

Section 41(1)(c) of the Government Information (Public Access) Act 2009
(the GIPA Act) requires that for a formal access application to be valid
it must be accompanied by a fee of $30.

 

In addition, section 41(1)(d) requires a postal address.

 

In order for me to validate your request can you please provide the above
information.

 

Payment can be arranged by either of the following methods:

 

1. Payment by EFT: please use the following details

Subject description: Your surname - GIPA application fee
Pay: Department of Finance, Services and Innovation
ABN: 81 913 830 179
Bank: Westpac
BSB: 032 001
Account number: 203164

2. Payment by cheque or money order: payable to Department of Finance,
Services and Innovation and posted to the address below

Department of Finance, Services and Innovation
GIPA and Privacy team
Level 22, McKell Building, 2-24 Rawson Place
SYDNEY NSW 2000

 

More information about how to request information from DFSI can be found
on our website at:
[1]https://www.finance.nsw.gov.au/accessing...

 

If you have any queries please do not hesitate to contact me via the
details below.

 

Thanks

Hannah

 

Hannah Stephenson
Advisor, Ministerial Services (GIPA and Privacy)

Office of the Secretary  |  Department of Finance, Services and Innovation
GIPA & PRIVACY HOTLINE: 02 9619 8672

E [2][OSR request email] | [3]www.finance.nsw.gov.au

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From: Ann Newton

Delivered

Dear GIPA-DFSI,

I have recently made payment with receipt number N102979108155

Postal address is [address removed]

Yours sincerely,

Ann Newton

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From: GIPA-DFSI
NSW Office of State Revenue


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Attachment FS GIPA Act Fees Charges June14 ACC 0.pdf
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Attachment FS Your review rights GIPA July14 ACC.pdf
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Ann Newton                                                   Ref: FA#68 2017-18
Sent by email via righttoknow.org.au

 

2 November 2017

Dear Ms Newton

I refer to your formal access application under the Government Information (Public Access) Act 2009 (GIPA Act)
to the Department of Finance, Services and Innovation (DFSI), received on 19 October 2017.

In your application, you have requested the following:

I would like to request all records of clearway fines issued for New Canterbury Road in Dulwich Hill from 2015
onwards. Specifically location, number reviewed, number of reviews rejected and on what grounds, number of
court cases from fines and results of those court cases.

DFSI received your $30 application fee on 30 October 2017 and under section 51 of the GIPA Act, I consider
your application valid as of this date. Your application should be decided within 20 working days which will
be on or before 27 November 2017. If your application is not decided by then it will be deemed to have been
refused under section 63 of the GIPA Act. This date however may be extended if third party consultation is
required or if we need to obtain records from an archive.

In deciding your application DFSI may request processing fees from you, however, the $30 application fee will
count towards these charges. If we require processing fees, I will provide you with an estimate of all charges
at the earliest opportunity.

Making a formal access application entitles you to review rights. These rights are summarised in the attached
fact-sheet from the Information and Privacy Commission.

Information about your application may be made public in our disclosure log. If you object to the information
appearing on the DFSI disclosure log then please contact our office. Any objection to inclusion in the
disclosure log must be because the information contains one of the following:

o your personal information
o your business, commercial, professional or financial interests
o is research that has been, is being, or will be, carried out on your behalf.

Should you have any queries, please contact me or the GIPA and Privacy team on the number or email below.

Regards

Hannah Stephenson
Advisor, GIPA and Privacy

Ministerial Services  |  Department of Finance, Services and Innovation
GIPA and Privacy Hotline: 02 9619 8672 

E [3][OSR request email]  |  [4]www.finance.nsw.gov.au
[5]http://fastrac.finance.nsw.gov.au/fastra...

 

 

 

 

©
Department
of Finance,
[6]http://fastrac.finance.nsw.gov.au/fastra... Services
and
Innovation,
2016

 

 

 

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From: GIPA-DFSI
NSW Office of State Revenue


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Dear Ann,

 

I am writing with to seek clarity on the terms of your formal access
application under the Government Information (Public Access) Act 2009
(GIPA Act), received by the Department of Finance, Services and Innovation
(DFSI) on 19 October 2017. The terms of your request are in the validation
email copied below.

 

As discussed with you 7 November 2017, I received some initial advice from
the relevant business area (Revenue NSW) about the information that they
hold. I am now able to provide some further explanation of this, as
follows:

 

·         Revenue NSW is able to retrieve the total number of clearway
fines issued for New Canterbury Road in Dulwich Hill from 2015 onwards.

·         In terms of a more specific location within New Canterbury Road,
Revenue NSW would only hold this information if it has been recorded by
the issuing authority. Therefore any record that notes a specific location
of between Frazer and Yule Streets may not be an accurate reflection.

·         Of the total number of clearway fines issued for New Canterbury
Road in Dulwich Hill from 2015 onwards, Revenue NSW can retrieve the
number of fines that were reviewed and the number of reviews that were
rejected.

·         In terms of the grounds for rejection, this information can be
retrieved.

o Revenue NSW can retrieve information on the number of customers who
court elected, but does not hold any information on the outcomes of
court cases because Revenue NSW does not receive any information after
a case goes to court.

 

Based on the above advice, can you please confirm as soon as possible what
information you would like to request. Please respond by return email to
this address or by contacting me on 02 9619 8672. I am happy to discuss to
provide any assistance I can.

 

Please do not hesitate to contact me if you have any questions about this
request.

 

Thanks,

Hannah

Hannah Stephenson
Advisor, Ministerial Services (GIPA and Privacy)

Office of the Secretary  |  Department of Finance, Services and Innovation
GIPA & PRIVACY HOTLINE: 02 9619 8672

E [1][OSR request email] | [2]www.finance.nsw.gov.au

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From: GIPA-DFSI
Sent: Thursday, 2 November 2017 3:36 PM
To: Ann Newton <[FOI #4165 email]>
Subject: Your request to access government information - Notice of
validation - FA#68 2017-18

 

[4]http://fastrac.finance.nsw.gov.au/fastra...

 

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Ann Newton Ref: FA#68 2017-18
Sent by email via righttoknow.org.au

 

2 November 2017

Dear Ms Newton

I refer to your formal access application under the Government Information (Public Access) Act 2009 (GIPA Act)
to the Department of Finance, Services and Innovation (DFSI), received on 19 October 2017.

In your application, you have requested the following:

I would like to request all records of clearway fines issued for New Canterbury Road in Dulwich Hill from 2015
onwards. Specifically location, number reviewed, number of reviews rejected and on what grounds, number of
court cases from fines and results of those court cases.

DFSI received your $30 application fee on 30 October 2017 and under section 51 of the GIPA Act, I consider
your application valid as of this date. Your application should be decided within 20 working days which will
be on or before 27 November 2017. If your application is not decided by then it will be deemed to have been
refused under section 63 of the GIPA Act. This date however may be extended if third party consultation is
required or if we need to obtain records from an archive.

In deciding your application DFSI may request processing fees from you, however, the $30 application fee will
count towards these charges. If we require processing fees, I will provide you with an estimate of all charges
at the earliest opportunity.

Making a formal access application entitles you to review rights. These rights are summarised in the attached
fact-sheet from the Information and Privacy Commission.

Information about your application may be made public in our disclosure log. If you object to the information
appearing on the DFSI disclosure log then please contact our office. Any objection to inclusion in the
disclosure log must be because the information contains one of the following:

o your personal information
o your business, commercial, professional or financial interests
o is research that has been, is being, or will be, carried out on your behalf.

Should you have any queries, please contact me or the GIPA and Privacy team on the number or email below.

Regards

Hannah Stephenson
Advisor, GIPA and Privacy

Ministerial Services | Department of Finance, Services and Innovation
GIPA and Privacy Hotline: 02 9619 8672

E [6][OSR request email] | [7]www.finance.nsw.gov.au
[8]http://fastrac.finance.nsw.gov.au/fastra...

 

 

 

©
Department
of Finance,
[9]http://fastrac.finance.nsw.gov.au/fastra... Services
and
Innovation,
2016

 

 

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From: Ann Newton

Delivered

Dear GIPA-DFSI,

Hi Hannah,

Can you please continue and request the information that will not incur further charges?. I understand that the information not held by the department cannot be provided.

Yours sincerely,

Ann Newton

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From: GIPA-DFSI
NSW Office of State Revenue


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Dear Ann,

 

Thank you for your response.

 

I confirm that we will continue with the request for the following
information:

 

o The total number of clearway fines issued for New Canterbury Road in
Dulwich Hill from 2015 onwards.
o Of these, the total number issued for a location between Frazer and
Yule Streets, where known.
o Of the total number of clearway fines issued for New Canterbury Road
in Dulwich Hill from 2015 onwards:

o the number of fines that were reviewed
o the number of reviews that were rejected
o the grounds for rejection.

o Of the total number of clearway fines issued for New Canterbury Road
in Dulwich Hill from 2015 onwards, the number of customers who court
elected.

 

I do not believe that processing charges will be necessary for this
information at this stage, but I will let you know if this changes.

 

In addition, I note that your application was due to be decided by Monday
27 November. Would you consent to an extension of one week. i.e. to Monday
4 December?

 

Thanks

Hannah

 

Hannah Stephenson
Advisor, Ministerial Services (GIPA and Privacy)

Office of the Secretary  |  Department of Finance, Services and Innovation
GIPA & PRIVACY HOTLINE: 02 9619 8672

E [1][OSR request email] | [2]www.finance.nsw.gov.au

[3]cid:image001.jpg@01D1FEBD.7748D170

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From: GIPA-DFSI
NSW Office of State Revenue


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Attachment FS Your review rights GIPA July14 ACC.PDF.pdf
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Attachment FA 68 2017 18 Information released under the GIPA Act.xlsx
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Ann Newton
Sent via righttoknow.org.au

Our ref:  FA#68 2017-18      

27 November 2017

 

Dear Ms Newton

 

I refer to your formal access application under the Government Information (Public Access) Act 2009 (GIPA Act)
to the Department of Finance, Services and Innovation (DFSI), received on 19 October 2017.

 

In your original application, you requested the following:

 

I would like to request all records of clearway fines issued for New Canterbury Road in Dulwich Hill from 2015
onwards. Specifically location, number reviewed, number of reviews rejected and on what grounds, number of
court cases from fines and results of those court cases.

 

I discussed your application with you on 7 November 2017 and on 9 November 2017 I provided further advice
regarding the information held by DFSI. On 20 November 2017 you agreed to clarify the terms of your request,
which I confirmed on 21 November 2017 as follows:

 

 1. The total number of clearway fines issued for New Canterbury Road in Dulwich Hill from 2015 onwards.
 2. Of these, the total number issued for a location between Frazer and Yule Streets, where known.
 3. Of the total number of clearway fines issued for New Canterbury Road in Dulwich Hill from 2015 onwards:

 a. the number of fines that were reviewed
 b. the number of reviews that were rejected
 c. the grounds for rejection.

 4. Of the total number of clearway fines issued for New Canterbury Road in Dulwich Hill from 2015 onwards,
the number of customers who court elected.

 

1.    Decision

 

I have decided, under section 58(1)(a) of the GIPA Act, to provide full access to the information held by DFSI
that falls within the scope of your application.

 

The information I have decided to release is attached to this email.

 

I outline the reasons for my decision below.

 

2.    Processing of application

 

Under section 53 of the GIPA Act, agencies must conduct reasonable searches for government information
requested in an access application.

 

A search was undertaken by the Fines and Fees unit of DFSI’s Revenue NSW division. This unit is responsible
for managing fines, which is a core function of Revenue NSW, which administers State taxation and revenue.

 

Revenue NSW identified the data relevant to your request in their existing fines systems which has been
extracted into the attached Excel spreadsheet.

 

3.    Reasons for decision – the public interest test

 

Under section 9(1) of the GIPA Act, you have a legally enforceable right to access the information you asked
for, unless there is an overriding public interest against its disclosure.

 

Further, under section 5 of the GIPA Act, there is a presumption in favour of disclosing government
information unless there is an overriding public interest against its disclosure.

 

To decide whether or not there is an overriding public interest against disclosure of the information you
asked for, I applied the public interest test, which is set out in section 13 of the GIPA Act.

 

I applied the public interest test by:

 

a)            identifying any public interest considerations in favour of disclosure;

b)            identifying any relevant public interest considerations against disclosure;

c)            assigning weighting to each consideration; and

d)            deciding where the balance between them lies.

 

4.    Public interest considerations in favour of disclosure

 

Under section 12(1) of the GIPA Act, there is a general public interest in favour of disclosing government
information. Section 12(2) of the GIPA Act sets out some examples of other public interest considerations in
favour of disclosure. However, I am not limited to those considerations in deciding your application.

 

In this case, I have considered that there is a strong public interest in the disclosure of information
relating to the amount of public revenue collected by the agency. Disclosure of the information could
therefore reasonably be expected to ensure effective oversight of the expenditure of public funds.

 

The GIPA Act also provides, under Section 55, that an agency can take the personal factors of an application
into consideration when determining a request for information, as follows:

 

(1) In determining whether there is an overriding public interest against disclosure of information in
response to an access application, an agency is entitled to take the following factors (the personal factors
of the application) into account as provided by this section:

 

(a) the applicant’s identity and relationship with any other person

(b) the applicant’s motives for making the access application

(c) any other factors particular to the applicant.

 

(2) The personal factors of the application can also be taken into account as factors in favour of providing
the applicant with access to the information.

 

(3) The personal factors of the application can be taken into account as factors against providing access if
(and only to the extent that) those factors are relevant to the agency’s consideration of whether the
disclosure of the information concerned could reasonably be expected to have any of the effects referred to in
clauses 2-5 (but not clause 1, 6 or 7) of the Table to section 14.

 

In this case, I took into account that you are requesting this information to assist with contesting a penalty
notice that you have been issued for this same geographical location. I therefore consider that disclosure of
the information you have requested could reasonably be expected to assist you in resolving your dispute.

 

I have given considerable weight to the public interest considerations in favour of disclosure.

 

5.    Public interest considerations against disclosure

 

When applying the public interest test, the only public interest considerations against disclosure that I can
take into account are those set out in the table to section 14 of the GIPA Act. To show that they are relevant
to the information you asked for, I need to consider whether they could reasonably be expected to have the
effect outlined in the table.

 

In this case I have not identified any public interest considerations against the disclosure of the
information you have requested.

 

6.    Balancing the public interest test

 

I have considered the relevant public interest considerations in favour of disclosure and the lack of public
interest considerations against disclosure of the information you requested.

 

In the absence of any identified public interest considerations against disclosure, I have decided to release
the information requested to you in full.

 

7.    Disclosure log

 

If information that would be of interest to other members of the public is released in response to a formal
access application, an agency must record certain details about the application in its ‘disclosure log’ (under
sections 25 and 26 of the GIPA Act).

 

In the email acknowledging receipt of your valid application, you were told about the disclosure log. You were
also advised of your right to object to the inclusion of details about your access application in the
disclosure log.

 

You did not object to details about your application being included in the disclosure log.

 

I have decided that the information would be of interest to other members of the public and will therefore
record the following details in our disclosure log, which is publicly available on our website:

 

o the date on which your access application was decided (that is, the date of this notice of decision);
o a description of the information that will be released to you;
o whether that information is or will be available to other members of the public; and
o if so, how it can be accessed.

 

8.     Review rights

 

If you disagree with any of the decisions in this notice that are reviewable, you may seek a review under Part
5 of the GIPA Act. Before you do so, I encourage you to contact us to discuss your concerns. The contact
details are set out below.

 

You have three review options:

 

o internal review by another officer of this agency, who is no less senior than me;
o external review by the Information Commissioner; or
o external review by the NSW Civil and Administrative Tribunal (NCAT).

 

You have 20 working days from the date of this Notice to apply for an internal review. If you would prefer to
have the decision reviewed externally, you have 40 working days from the date of this Notice to apply for a
review by the Information Commissioner or NCAT.

 

To assist you, I have enclosed a fact sheet published by the Information and Privacy Commission NSW (IPC),
entitled Your review rights under the GIPA Act. You will also find some useful information and frequently
asked questions on the IPC’s website ([3]www.ipc.nsw.gov.au). You can also contact the IPC on 1800 472 679.

 

9.     Further information

 

If you require further information please contact the GIPA and Privacy team on the number below.

 

Regards
Hannah Stephenson
Advisor, GIPA and Privacy

Ministerial Services  |  Department of Finance, Services and Innovation
GIPA and Privacy Hotline: 02 9619 8672 

E [4][OSR request email]  |  [5]www.finance.nsw.gov.au
[6]http://fastrac.finance.nsw.gov.au/fastra...

 

 

 

 

 

©
Department
of Finance,
[7]http://fastrac.finance.nsw.gov.au/fastra... Services
and
Innovation,
2016

 

 

 

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