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In response to:

Freedom of Information request - Lawful Status of Fines Victoria

John Andrews
to:
FOI requests at Victorian Department of Justice &
Regulation
01/11/2018 14:00
Show Details

Dear Victorian Department of Justice & Regulation,
I am aware that the Department of Justice and Regulation claim that are not
required to answer questions as such, but I am under the impression the act
does not prohibit them from doing so. It is after all, called, the Freedom
of Information Act and arguably should be approached from the plain
interpretation evidenced by the Act's title which implies the act of
providing information. However there must exist relevant documents that
underpin the standard processes and protocols practiced by the Department
and the agencies under their control and supervision, and even though the
person seeking information may not be aware of the existence of relevant
documents, we can assume that the Department is aware of them, could
reasonably be expected to be aware of them, and should voluntarily and
transparently share those documents with those making enquiries.
Some of these questions have been asked previously and have not been
refused as such but rather have been simply ignored in responses received
thus far, so I attempt to raise them again in point form below in an effort
to secure definitive answers that address each numbered point made, a
number of which only require a simple yes or no response to keep myself and
other readers informed.

1. Does any document exist that purports to grant the Victorian Government,
the Department of Justice and Regulation and various agencies such as Fines
Victoria any immunity from observing the same laws that all other segments
of our society are obliged to?
2. What lawful documentation is relied upon that permits the Department of
Justice and Regulation and Fines Victoria to exercise any lawful authority
whatsoever? especially over living, breathing, sentient, beings given these
government bodies are corporations and as such can only lawfully apply
their statutes to corporate entities or direct employees?
3. What competent jurisdiction is applied to the road traffic system of
statutes and what system of laws are applied in enforcement measures by the
courts, Maritime or Common Law?
4. If there is no injured party then no crime has been committed according
to Common Law, so for what reason or cause are criminal charges laid?
5. Are not the Operator Onus provisions of various Acts of Parliament in
conflict with the right to silence and in conflict with the privilege
against self-incrimination which are principles of law recognized by other
State and Federal Crimes Acts and Codes and otherwise regarded by the
courts as important common law rights and also as “unalienable” human
rights as recognised by the United Nations Convention on Human Rights and
as further provisioned for in the state of Victoria, in The Charter of
Human Rights and Responsibilities Act 2006.
6. What lawful documentation permits Fines Victoria to initiate a contract
with a living, breathing, sentient being, in the absence of wet ink
signatures on any contract between the parties, and given the parties
unequal, relative lawful status?
7. What lawful documentation permits Fines Victoria to avoid providing full
disclosure when issuing a “fine” given that the fine does not plainly
disclose the fact that it is essentially an “offer to contract” and that
accepting such an offer is completely optional, subject to the sole
discretion of the recipient of such an offer?
8. Why are such offers directed via Australia Post to the residential
address of the Beneficiary of the constructive trust as opposed to it's
Trustee (Government)? Is such a practice intentionally fraudulent?
9. Why do Fines Victoria refuse to identify the full name and designation
of the officer initiating communications, what is there to hide?
10. Are all judges, Magistrates or any Judicial Officers under the control
of the Department of Justice and Regulation or Fines Victoria required to
maintain a Writ of Commission and or a current Bonding Certificate to
lawfully perform their duties under the Crown's direction and and are
office holders of these organizations required to hold any particular
qualifications?
11. What are the names of the Crown appointed Commonwealth Officers working
under the control of the Department of Justice and Regulation and Fines
Victoria?
12. Do officers of the Department of Justice and Regulation and Fines
Victoria swear an oath of allegiance to the Crown as required by the 1901
Constitution of the Commonwealth?
13. What is the name of the Director of Fines Victoria? (As recently
requested)
14. Is there a lawful document that excuses Fines Victoria from honouring
the contractual obligations they have lawfully entered into?
15. Is there a lawful document that permits the Victorian Police Force's
members or Fines Victoria's Officers to ignore unrebutted affidavits and
proceed with a claim that has been lawfully dealt with by merit of the
aforesaid affidavit?
16. Is there a lawful document that permits Fines Victoria to send threats
of menace through the mail service known as Australia Post?
17. How can a mere accusation or “fine” or (offer to contract) be elevated
in terms of fees demanded over a series of letters without any conviction
being recorded that decides whether any fee at all is due and/or payable?
18. Why do Fines Victoria present the falsehood that one must pay the fine
or choose to go to court when one can clearly elect to not pay the fine
without necessarily choosing to take the matter to court, such a choice
normally being the pejorative of the party making the accusation?
19. What law is relied upon to permit the Director of Fines Victoria to sit
ex-parte and invoke penalties or issue warrants and what judicial
qualifications does the Director of Fines Victoria possess, if any?

Yours faithfully,

John Andrews

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