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I Am Requesting Information From Fines Victoria - IMES

steven made this Freedom of Information request to Victorian Department of Justice and Community Safety

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

We're waiting for steven to read a recent response and update the status.

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

DJR-IIA-FOI (DJCS), Victorian Department of Justice and Community Safety

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

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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

DJR-IIA-FOI (DJCS), Victorian Department of Justice and Community Safety

2 Attachments

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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