Lawful Status of Fines Victoria

John Andrews made this Freedom of Information request to Victorian Department of Justice & Regulation

Waiting for an internal review by Victorian Department of Justice & Regulation of their handling of this request.

From: John Andrews

Delivered

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

Link to this

Victorian Department of Justice & Regulation

This is an automated response confirming receipt of your email by the
Freedom of Information Unit, Department of Justice & Regulation Victoria.

** Please do not respond to this email. **

PLEASE NOTE:
The Department of Justice & Regulation Victoria can only process freedom of
information requests that relate to documents held by this department.

If you require documents held by another agency you will need to identify
the relevant agency from the following website Office of the Victorian
Information Commissioner – www.ovic.vic.gov.au

Making a FOI request to the Department of Justice & Regulation
All emails relating to a freedom of information request to the Department
of Justice & Regulation will be actioned accordingly under the Freedom of
Information Act 1982 (Vic). In the event additional information is
required, you will be contacted by a member of the Freedom of Information
Unit.

Where can I obtain information about making a Freedom of Information
request?
All information on how to make a Freedom of Information request can be
found on the website of the Office of the Victorian Information
Commissioner – www.ovic.vic.gov.au

Who can I contact regarding Freedom of Information?
All general enquiries regarding freedom of information should be made to
the Office of the Victorian Information Commissioner – Telephone: 1300 006
842

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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #4928 email]

Is [Victorian Department of Justice & Regulation request email] the wrong address for Freedom of Information
requests to Victorian Department of Justice & Regulation? If so, please
contact us using this form:
https://urldefense.proofpoint.com/v2/url...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet. More
information on how Right to Know works can be found at:
https://urldefense.proofpoint.com/v2/url...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Link to this

From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,

Dear Officer Your response to my queries are overdue from a lawful perspective, but of course being the Justice Department you no doubt know this.

Yours faithfully,

John Andrews

Link to this

Stephanie Johnson left an annotation ()

Hello John,

Victorian FOI legislation is a little different to the federal legislation. For the request to be valid under the Victorian law it needs to be accompanied by an application fee or a waiver form.

You can find further information about lodging an FOI request with the Department of Justice and Regulation at https://www.justice.vic.gov.au/your-righ...

Also, the FOI Acts all grant a right of access to documents, and it appears your request is more a series of questions. The FOI Act does not provide a right to answers, only a right to access documents. You may like to revise your request to ask for access to specific documents, otherwise the request may be refused.

Good luck

Steph

Link to this

Things to do with this request

Anyone:
Victorian Department of Justice & Regulation only: