Stevotski
19-06-2006, 11:10 AM
http://au.news.yahoo.com/060617/23/zf6t.html
Court case to demand speeding fine compensation for NSW drivers
By 7News
A Sydney court will this week decide whether the New South Wales Government is liable for a $1 billion payout to drivers who have received fines over the past five years.
The state's Infringement Processing Bureau (IPB) has just been decommissioned - and integrated into the Office of State Revenue - which some see as a defensive move to limit the damage.
Lawyer Dennis Miralis said he was not able to get an explanation as to why the bureau was disbanded.
He has decided to argue a landmark court case which will challenge the very notion that the Infringement Processing Bureau has ever had the legal right to issue fines.
"They have as little power as the average citizen to issue these penalty notices," Mr Miralis said.
Mr Miralis claimed that when the IPB was created, legislation should have been changed giving it the authority to issue penalty notices.
It wasn't and now a judge must decide whether that nullifies every single speeding and parking fine issued to New South Wales drivers since October 2001.
"They would still have a legitimate grievance against the government for the fact that they were improperly issued with the fine," Mr Miralis said of Sydney's drivers.
He claimed drivers would be eligible for compensation because there was an improper use of process.
The Office of State Revenue does have legislative power to issue penalty notices.
From now on, you'll find its letterhead on penalty notices.
The Office of State Revenue has issued a statement which claimed it's new look and the pending court decision are unrelated.
Whether the court sides with drivers next week - or the government - the losers were expected to immediately appeal the decision.
Given the size of the potential compensation payout, Mr Miralis said he expected the case to end up in the High Court.
Court case to demand speeding fine compensation for NSW drivers
By 7News
A Sydney court will this week decide whether the New South Wales Government is liable for a $1 billion payout to drivers who have received fines over the past five years.
The state's Infringement Processing Bureau (IPB) has just been decommissioned - and integrated into the Office of State Revenue - which some see as a defensive move to limit the damage.
Lawyer Dennis Miralis said he was not able to get an explanation as to why the bureau was disbanded.
He has decided to argue a landmark court case which will challenge the very notion that the Infringement Processing Bureau has ever had the legal right to issue fines.
"They have as little power as the average citizen to issue these penalty notices," Mr Miralis said.
Mr Miralis claimed that when the IPB was created, legislation should have been changed giving it the authority to issue penalty notices.
It wasn't and now a judge must decide whether that nullifies every single speeding and parking fine issued to New South Wales drivers since October 2001.
"They would still have a legitimate grievance against the government for the fact that they were improperly issued with the fine," Mr Miralis said of Sydney's drivers.
He claimed drivers would be eligible for compensation because there was an improper use of process.
The Office of State Revenue does have legislative power to issue penalty notices.
From now on, you'll find its letterhead on penalty notices.
The Office of State Revenue has issued a statement which claimed it's new look and the pending court decision are unrelated.
Whether the court sides with drivers next week - or the government - the losers were expected to immediately appeal the decision.
Given the size of the potential compensation payout, Mr Miralis said he expected the case to end up in the High Court.