NSW Fines - Infringement Processing Bureau

OldManGhia · 18-06-2006, 09:07 AM

It seems from news reports this morning that NSW motorists who have been fined since 2001 may get their fines refunded because the Infringement Processing Bureau was apparently not given the power to issue fines. The case will end up in the Supreme Court before it is finally decided. The State Debt Recovery Office has taken over the task that The Infringement Processing Bureau had due to the problem related to the pending court case.

Its my bet that NSW Motorists wont see a cent of any fines they have copped since 2001. Can always hope I suppose.

jmc-007 · 18-06-2006, 10:33 AM

I hope this is true. Do i get my pts back and 165 dollars or do i have to take the pricks to court.

Keepleft · 18-06-2006, 10:34 AM

Quite please.

The issue will quite likely go to the High Court.

The argument is that is that due process was not followed.

Quote:

JMC-007 wrote: I hope this is true. Do i get my pts back and 165 dollars or do i have to take the pricks to court.

THAT will remain to be seen. You cannot take to one court something that is yet to be determined by another. IF NSW Gov Co lose this, you then need to await their governmental response.

Understand that all governments project revenue from this stream.

PH47 · 18-06-2006, 01:57 PM

Pfft doesn't matter WHAT the courts decide, the government will bring in some law or rule or exception that means we won't see a cent.

18-06-2006, 07:22 PM

Quote:

Originally Posted by PH47

Pfft doesn't matter WHAT the courts decide, the government will bring in some law or rule or exception that means we won't see a cent.

the term is retrospective legislation.....

MO · 18-06-2006, 09:15 PM

Quote:

Originally Posted by Keepleft

Quite please.

QUIET...sorry sport but it was just to obvious.

**Sorted** · 18-06-2006, 10:14 PM

Quote:

Originally Posted by John McMaster

QUIET...sorry sport but it was just to obvious.

Bugger Keepleft re-edited it so it looked like he could spell

Sorry had to state the obvious, lol.

**DJM83** · 19-06-2006, 05:21 PM

well if it all goes ahead ill be 1500 bucks in pocket but i doubt it though

deesun · 19-06-2006, 05:51 PM

Quote:

Originally Posted by John McMaster

QUIET...sorry sport but it was just to obvious.

Or could it be too obvious. :togo:

4.9 EF Futura · 19-06-2006, 05:57 PM

Lol - administrative law... my favourite subject.

Yeah im not sure how things work at a state level but in federal matters in my line of work, the Act specifies who can and cannot issue infringements etc. However, said person can make a formal delegation (in the way of a legislative instrument) to delegate certain authorities down the line.

Certainly worth keeping an eye on this one... in NSW.

Walkinshaw · 19-06-2006, 06:01 PM

no one will see a cent back. EVER. Gaurentee it

4.9 EF Futura · 19-06-2006, 06:12 PM

Quote:

Originally Posted by Walkinshaw

no one will see a cent back. EVER. Gaurentee it

I wouldnt expect them to. If they got done speeding - they got done speeding. The agency who extracted the monetary fine out of the NSW motorists has little to do with the infringement itself!

The procedure of the current course of action would be administrative i imagine, has probably been to the ADJR and is being referred to high court single judge (which would most likley go to the full bench on appeal??). Im not sure if there's a seperate chain of command for state based matters...

For motorists to get their hard earned back would require some sort of class action to be taken....

One thing's for sure - senior counsel will do well out of it