I Am Requesting Information From Fines Victoria - IMES
Dear Victorian Department of Justice & Regulation,
I understand that the Department of Justice is made up of many different separate departments.
My request is directed to Fines Victoria- IMES
Under the Freedom of Information Act 1982
I would like clarification on a certain issue that has come to my attention
When Fines Victoria issue a fine, for example a speed camera infringement , they send out a notice demanding that payment be made for and offence that was committed , on the back of the notice its states that " you are alleged to have committed an offence"
So in other words we are not required to pay the fine ? is that correct?
and the payments of he fines in a guilty plea or admission ?
The fact that the very notice that is demanding payments, uses the word alleged is prima facie evidence that we are not required to pay the fine, and at that point we can exercise our 2 inherent rights, presumption of innocence and the right to remain silent in order to not incriminate ourselves and naturally it would be up to the party making the claim to prove beyond reasonable doubt that the accused is guilty.
The staff/officers at fines Victoria seem to disagree, they claim that the fine must be paid regardless of the the fact that the notice states its an allegation.
can you please clarify
Why doesn't fines Victoria use " you are guilty of committing an offence " on the notice
Yours faithfully,
steven
Good afternoon Steven
Thank you for your email.
The Freedom of Information Act 1982 (FOI Act) gives you the right to access documents held by the department. It does not provide a mechanism for making enquiries or asking questions.
As you have indicated that you are seeking clarification on an issue, rather than access to a document, I have referred your query to the appropriate area in Fines and Enforcement Services who will respond to your enquiry outside the FOI Act.
Kind regards
Natasha Haslem
A/Team Leader, Freedom of Information
Department of Justice and Community Safety
-----Original Message-----
From: steven <[FOI #7861 email]>
Sent: Monday, 13 September 2021 6:17 PM
To: DJR-IIA-FOI (DJCS) <[Victorian Department of Justice & Regulation request email]>
Subject: Freedom of Information request - I Am Requesting Information From Fines Victoria - IMES
Dear Victorian Department of Justice & Regulation, I understand that the Department of Justice is made up of many different separate departments.
My request is directed to Fines Victoria- IMES
Under the Freedom of Information Act 1982
I would like clarification on a certain issue that has come to my attention When Fines Victoria issue a fine, for example a speed camera infringement , they send out a notice demanding that payment be made for and offence that was committed , on the back of the notice its states that " you are alleged to have committed an offence"
So in other words we are not required to pay the fine ? is that correct?
and the payments of he fines in a guilty plea or admission ?
The fact that the very notice that is demanding payments, uses the word alleged is prima facie evidence that we are not required to pay the fine, and at that point we can exercise our 2 inherent rights, presumption of innocence and the right to remain silent in order to not incriminate ourselves and naturally it would be up to the party making the claim to prove beyond reasonable doubt that the accused is guilty.
The staff/officers at fines Victoria seem to disagree, they claim that the fine must be paid regardless of the the fact that the notice states its an allegation.
can you please clarify
Why doesn't fines Victoria use " you are guilty of committing an offence " on the notice
Yours faithfully,
steven
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Dear DJR-IIA-FOI (DJCS),
You mean to tell me, that there is no procedure on file that stipulates how people are determined guilty when the Sheriff sends threats by carriage service.
Are people guilty or do they still remain an accused as is stated in the first notice of the infringement.
Can you please provide,(if they exist) any documents pertaining to fines Victoria having approval from the people Victoria.
A copy of Fines Victoria company constitution. .
Yours sincerely,
steven
Dear Mr Steven,
Please find attached a letter requesting payment of the application fee
for your FOI request.
Kind regards,
Will
___________________________________________________________
William Ng
Freedom of Information Officer
Information Integrity & Access
Department of Justice and Community Safety
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PRIVATE & CONFIDENTIAL
The content of this e-mail and any attachments may be private and
confidential, intended only for use of the individual or entity named. If
you are not the intended recipient of this message you must not read,
forward, print, copy, disclose, use or store in any way the information
this e-mail or any attachment contains.
If you are not the intended recipient, please notify the sender
immediately and delete or destroy all copies of this e-mail and any
attachments.
Our organisation respects the privacy of individuals. For a copy of our
privacy policy please go to our website or contact us.