Application of penalties by government departments.
Dear Victorian Department of Justice & Regulation,
I am under the impression that Australia's Constitutional Democracy does not allow any penalty to be applied to any man, woman or child without a conviction being recorded for a wrongdoing. I have received an unsigned letter through Australia Post from an unidentified officer at Fines Victoria threatening me with various menaces ( which I'm advised is an offence of the Crimes Act) should I not pay a fine that I believe had been lawfully discharged with the issuing agency, a fact that Fines Victoria appears to have ignored as implied by the receiving of a "reminder". I also understand that Vic Roads have applied demerit points against me without any conviction being in place, could you please advise whether either of these agencies are acting within constitutional or lawful authority?
Yours faithfully,
John Andrews
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In response to:
Freedom of Information request - Application of penalties by government
departments.
John Andrews
to:
FOI requests at Victorian Department of Justice &
Regulation
09/07/2018 11:19
Show Details
Dear Victorian Department of Justice & Regulation,
I am under the impression that Australia's Constitutional Democracy does
not allow any penalty to be applied to any man, woman or child without a
conviction being recorded for a wrongdoing. I have received an unsigned
letter through Australia Post from an unidentified officer at Fines
Victoria threatening me with various menaces ( which I'm advised is an
offence of the Crimes Act) should I not pay a fine that I believe had been
lawfully discharged with the issuing agency, a fact that Fines Victoria
appears to have ignored as implied by the receiving of a "reminder". I also
understand that Vic Roads have applied demerit points against me without
any conviction being in place, could you please advise whether either of
these agencies are acting within constitutional or lawful authority?
Yours faithfully,
John Andrews
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Dear Mr Andrews,
The Department of Justice and Regulation Freedom of Information Unit is
unable to assist you with your enquiry.
I suggest that you contact Fines Victoria if you need assistance with
clarifying the correspondence that they have sent to you, and also
VicRoads if you need further information regarding the application of
demerit points.
If you would like to make a complaint regarding the action or decision of
a Victorian Government agency you may wish to consider contacting the
Victorian Ombudsman.
Please visit the following link for further information:
[1]https://www.ombudsman.vic.gov.au/
Kind regards,
Will
From: John Andrews <[FOI #4686 email]>
To: "FOI requests at Victorian Department of Justice &
Regulation" <[Victorian Department of Justice & Regulation request email]>,
Date: 09/07/2018 11:19 AM
Subject: Freedom of Information request - Application of penalties
by government departments.
--------------------------------------------------------------------------
Dear Victorian Department of Justice & Regulation,
I am under the impression that Australia's Constitutional Democracy does
not allow any penalty to be applied to any man, woman or child without a
conviction being recorded for a wrongdoing. I have received an unsigned
letter through Australia Post from an unidentified officer at Fines
Victoria threatening me with various menaces ( which I'm advised is an
offence of the Crimes Act) should I not pay a fine that I believe had been
lawfully discharged with the issuing agency, a fact that Fines Victoria
appears to have ignored as implied by the receiving of a "reminder". I
also understand that Vic Roads have applied demerit points against me
without any conviction being in place, could you please advise whether
either of these agencies are acting within constitutional or lawful
authority?
Yours faithfully,
John Andrews
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4686 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:
[2]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:
[3]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.
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Dear Victorian Department of Justice & Regulation,
Regardless of who the agencies are the questions I have asked do indeed come under both Justice and Regulation and are pertinent to this department. I am asking questions of legality regarding the law and Australia's Constitution and I would imagine that the department of Justice and Regulation is the peak body in Victoria to give an opinion as the questions asked are central to the foundational principles of the administration of Justice and Regulation which this department overseas.
Yours faithfully,
John Andrews
Please do not reply to this e-mail.
Please direct any future queries to Fines Victoria: [email address]
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confidential, intended only for use of the individual or entity named. If
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Dear Victorian Department of Justice & Regulation,
Thank you for your reply, although there are some inaccuracies while some questions have been completely ignored. There is no answer regarding the question of fines being increased incrementally without a conviction in place and certainly I asked no questions regarding a fine at Torquay. This was over 12 months ago now and I had been advised over a year ago that a "warrant" had supposedly been issued but no such documentation was ever received in the mail, I suspect for the much publicised reason that the so called "Infringements Court" could not issue valid ones due to it being a fraudulent entity, however for this claim to be legitimate perhaps you could forward a copy of the warrant that was issued at that time. Regardless, due to your tardiness in replying I have chosen to pursue other options.
Yours faithfully,
John Andrews
Dear Mr Andrews,
The Sheriff cannot provide you with the original infringement warrant (now
known as an enforcement warrant) issued against you.
Although the original warrant cannot be provided, all details contained in
the warrant are recorded electronically and can be provided upon request
if you provide us with pictures of the front and back of your driver
licence as attachments.
Kind regards,
Will
From: John Andrews <[FOI #4686 email]>
To: "FOI requests at Victorian Department of Justice &
Regulation" <[Victorian Department of Justice & Regulation request email]>,
Date: 18/09/2018 04:44 PM
Subject: Internal review of Freedom of Information request -
Application of penalties by government departments.
--------------------------------------------------------------------------
Dear Victorian Department of Justice & Regulation,
Thank you for your reply, although there are some inaccuracies while some
questions have been completely ignored. There is no answer regarding the
question of fines being increased incrementally without a conviction in
place and certainly I asked no questions regarding a fine at Torquay. This
was over 12 months ago now and I had been advised over a year ago that a
"warrant" had supposedly been issued but no such documentation was ever
received in the mail, I suspect for the much publicised reason that the so
called "Infringements Court" could not issue valid ones due to it being a
fraudulent entity, however for this claim to be legitimate perhaps you
could forward a copy of the warrant that was issued at that time.
Regardless, due to your tardiness in replying I have chosen to pursue
other options.
Yours faithfully,
John Andrews
-----Original Message-----
Please do not reply to this e-mail.
Please direct any future queries to Fines Victoria: [email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4686 email]
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:
[1]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.
-------------------------------------------------------------------
--------------------------------------------------------------------------
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.
References
Visible links
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Dear Victorian Department of Justice & Regulation,
You still have not answered a number of questions put and I put it to you that the reason the Sherriff cannot supply an original Infringement warrant was because it never existed, it was a fraud, originating from a fraudulent organisation ( The Infringements Court) both being frauds that your (Justice) department seeks to protect.
Yours faithfully,
John Andrews
Dear Victorian Department of Justice & Regulation,
This department has basically ignored the questions put to it while not officially refusing the request, totally inadequate obfuscation.
Yours faithfully,
John Andrews
Stephanie Johnson left an annotation ()
John,
I suspect someone is trying to scam you.
https://online.fines.vic.gov.au/News/Fak...
If you really have paid the fine, I would consider calling Fines Victoria directly on (03) 9200 8111 (metropolitan) or 1300 369 819 (regional) 8am to 6pm, Monday to Friday (excluding public holidays) to confirm whether the letter you have received is legitimate, rather than making demands for legal advice that you cannot be provided in this setting.
Stephanie