Unlawful actions 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 have been sent a "NOTICE OF FINAL DEMAND" from Fines Victoria but given that a fine issued by an enforcement agency is basically only an accusation that an infringement has occurred, it obviously does not create any liability until such time as the accusation is proven and a conviction is recorded. In my case the initial fine issued was $317.00 but since no conviction has been recorded how can Fines Victoria add fees of $154.00 when it hasn't been established by merit of a recorded conviction that the initial $317.00 is due or payable in the first place?

Yours faithfully,

John Andrews

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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
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required, you will be contacted by a member of the Freedom of Information
Unit.

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request?
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found on the website of the Office of the Victorian Information
Commissioner – www.ovic.vic.gov.au

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the Office of the Victorian Information Commissioner – Telephone: 1300 006
842

In response to:




Freedom of Information request - Unlawful actions Fines Victoria

John Andrews
to:
FOI requests at Victorian Department of Justice &
Regulation
09/07/2018 15:43
Show Details

Dear Victorian Department of Justice & Regulation,
I have been sent a "NOTICE OF FINAL DEMAND" from Fines Victoria but given
that a fine issued by an enforcement agency is basically only an accusation
that an infringement has occurred, it obviously does not create any
liability until such time as the accusation is proven and a conviction is
recorded. In my case the initial fine issued was $317.00 but since no
conviction has been recorded how can Fines Victoria add fees of $154.00
when it hasn't been established by merit of a recorded conviction that the
initial $317.00 is due or payable in the first place?

Yours faithfully,

John Andrews

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Please use this email address for all replies to this request:
[FOI #4689 email]

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requests to Victorian Department of Justice & Regulation? If so, please
contact us using this form:
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This request has been made by an individual using Right to Know. This
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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.

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From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,
Is there some issue supplying a response to my queries as the lawful time allocated has been exceeded.

Yours faithfully,

John Andrews

Link to this

Victorian Department of Justice & Regulation

Hi John,

Could you please provide your CMS reference number for your request
please?

Kind regards,

Will

From:        John Andrews <[FOI #4689 email]>
To:        "FOI requests at Victorian Department of Justice &amp;
Regulation" <[Victorian Department of Justice &amp; Regulation request email]>,
Date:        24/08/2018 09:21 AM
Subject:        Re: Freedom of Information request - Unlawful actions
Fines Victoria

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

Dear Victorian Department of Justice & Regulation,
Is there some issue supplying a response to my queries as the lawful time
allocated has been exceeded.

Yours faithfully,

John Andrews

show quoted sections

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From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,

I have no idea what you are referring to CMS?

Yours faithfully,

John Andrews

Link to this

Victorian Department of Justice & Regulation

Hi John,

Does your query relate to a Freedom of Information request?

Kind regards,

Will

From:        John Andrews <[FOI #4689 email]>
To:        "FOI requests at Victorian Department of Justice &amp;
Regulation" <[Victorian Department of Justice &amp; Regulation request email]>,
Date:        24/08/2018 10:53 AM
Subject:        Re: Freedom of Information request - Unlawful actions
Fines Victoria

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

Dear Victorian Department of Justice & Regulation,

I have no idea what you are referring to CMS?

Yours faithfully,

John Andrews

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From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,
yes

Yours faithfully,

John Andrews

Link to this

Victorian Department of Justice & Regulation

Dear John,

I've search our email records and found my previous email to you
requesting the following:

Dear Mr Andrews,
To help us answer your question, please provide any reference numbers
relevant to your infringement notices, as well as your licence number
please.

Kind regards,

Will

Could you please provide the information requested above to assist us with
your enquiry.

Kind regards,

Will

From:        John Andrews <[FOI #4689 email]>
To:        "FOI requests at Victorian Department of Justice &amp;
Regulation" <[Victorian Department of Justice &amp; Regulation request email]>,
Date:        24/08/2018 10:53 AM
Subject:        Re: Freedom of Information request - Unlawful actions
Fines Victoria

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

Dear Victorian Department of Justice & Regulation,

I have no idea what you are referring to CMS?

Yours faithfully,

John Andrews

show quoted sections

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From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,
Obligation Number 1806832077 My licence number: 022926096

Yours faithfully,

John Andrews

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Victorian Department of Justice & Regulation

Dear Mr Andrews,

Thank you for providing the requested information.  I will forward your
details on to the relevant unit for action.

Kind regards,

Will

From:        John Andrews <[FOI #4689 email]>
To:        "FOI requests at Victorian Department of Justice &amp;
Regulation" <[Victorian Department of Justice &amp; Regulation request email]>,
Date:        24/08/2018 03:53 PM
Subject:        Re: Freedom of Information request - Unlawful actions
Fines Victoria

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

Dear Victorian Department of Justice & Regulation,
Obligation Number 1806832077  My licence number: 022926096

Yours faithfully,

John Andrews

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From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,

Yours faithfully,

John Andrews

Link to this

From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,
Hi, just wondering if there is a reason why the Department of Justice and Regulation has not complied with its lawful obligations by responding to my questions?

Yours faithfully,

John Andrews

Link to this

Victorian Department of Justice & Regulation

Dear Mr Andrews,

I was advised by Infringement Management and Enforcement Services that
they sent you a response on 18 September 2018 signed by the Director of
Fines Victoria.

Did you receive the above mentioned letter?

Kind regards,

Will

From:        John Andrews <[FOI #4689 email]>
To:        "FOI requests at Victorian Department of Justice &amp;
Regulation" <[Victorian Department of Justice &amp; Regulation request email]>,
Date:        30/10/2018 10:15 AM
Subject:        Internal review of Freedom of Information request -
Unlawful actions Fines Victoria

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

Dear Victorian Department of Justice & Regulation,
Hi, just wondering if there is a reason why the Department of Justice and
Regulation has not complied with its lawful obligations by responding to
my questions?

Yours faithfully,

John Andrews

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From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,

Was this sent through the post? If so I did not receive it. Also my research indicates that the Director of Fines Victoria is or was Mark Butler could you please confirm if this is the case as I have directed a notice to him.
Alternately I received a response from the office of Fines Victoria through Right To Know which failed to answer the questions I put forward in both of two separate FOI requests, is this what you are referring to? I have only had one of these requests dealt with and as I have stated the response was inadequate.
However may I take this opportunity to further ask if it is the policy of Fines Victoria to not honour their contractual obligations? Should you choose to not respond to this question I will be happy to ask again in a new FOI request.

Yours faithfully,

John Andrews

Link to this

Victorian Department of Justice & Regulation

Dear Mr Andrews,

Apologies.  The letter was signed by the director of Infringement
Management and Enforcement Services. Not Fines Victoria.

The advice I received indicates that it was emailed to you.

Kind regards,

Will

From:        John Andrews <[FOI #4689 email]>
To:        "FOI requests at Victorian Department of Justice &amp;
Regulation" <[Victorian Department of Justice &amp; Regulation request email]>,
Date:        30/10/2018 05:16 PM
Subject:        Re: Internal review of Freedom of Information request -
Unlawful actions Fines Victoria

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

Dear Victorian Department of Justice & Regulation,

Was this sent through the post? If so I did not receive it. Also my
research indicates that the Director of Fines Victoria is or was Mark
Butler could you please confirm if this is the case as I have directed a
notice to him.
Alternately I received a response from the office of Fines Victoria
through Right To Know which failed to answer the questions I put forward
in both of two separate FOI requests, is this what you are referring to? I
have only had one of these requests dealt with and as I have stated the
response was inadequate.
However may I take this opportunity to further ask if it is the policy of
Fines Victoria to not honour their contractual obligations? Should you
choose to not respond to this question I will be happy to ask again in a
new FOI request.

Yours faithfully,

John Andrews

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From: John Andrews

Delivered

Dear Victorian Department of Justice & Regulation,
Could it please be re-emailed [email address] and please advise just who is the "Director" of Fines Victoria?

Yours faithfully,

John Andrews

Link to this

Victorian Department of Justice & Regulation

Dear Mr Andrews,

I have been advised that the letter will be re-emailed to your new email
address as requested.

If you have any further questions regarding this matter please contact
Fines Victoria directly.

[1]https://online.fines.vic.gov.au/Contact-Us

Kind regards,

Will

From:        John Andrews <[FOI #4689 email]>
To:        "FOI requests at Victorian Department of Justice &amp;
Regulation" <[Victorian Department of Justice &amp; Regulation request email]>,
Date:        30/10/2018 06:10 PM
Subject:        Re: Internal review of Freedom of Information request -
Unlawful actions Fines Victoria

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

Dear Victorian Department of Justice & Regulation,
Could it please be re-emailed [email address] and
please advise just who is the "Director" of Fines Victoria?

Yours faithfully,

John Andrews

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Things to do with this request

Anyone:
Victorian Department of Justice & Regulation only: