Myki enforcement regime under review: more than 40,000 fines challenged

What the corporation conglomerate (commonly referred to as the 'government') is not going to tell  you (the masses) is that ALL Myki 'fines' are UNLAWFUL.

The best part about is that you don't have to be a 'Constitutional Lawyer' to prove it.

The people who give out the tickets are allegedly 'authorised officers', but in reality they have no lawful standing whatsoever.

It's NOT about 'unfair' it's about NO LAWFUL STATUS. 

Read article: Ex Victorian Officer comments on Fines

ref: http://corpau.blogspot.com.au/2014/03/ex-victorian-police-officer-comments-on.html

You can read the article from The Age publication from 10th December 2015 of the headline:

Myki enforcement regime under review: more than 40,000 fines challenged

Myki fines 'just unfair'

As reported in August, prominent barrister Julian Burnside explains why he has organised a team of junior barristers to defend travellers fined By Public Transport Victoria.

• Public transport fares to rise

The enforcement of Victoria's problem-plagued myki technology is under an immediate government review amid concerns that the ticketing system cannot withstand legal scrutiny and thousands of commuters have been bullied into paying fines.

The state government will announce a sweeping review of the fare enforcement regime on Friday, and admits it doubts the current system is equitable, effective and fair.

The problem-plagued Myki technology - the fare enforcement regime is to undergo a review. Photo: Rebecca Hallas.
 

Fairfax Media can reveal that more than 40,000 infringement notices have been challenged by users and are under review by the Department of Transport, despite previous claims that the system of enforcement has a "robust legislative framework".

Public Transport Minister Jacinta Allan said the review by the Department of Economic Development, Jobs Transport and Resources would examine every aspect of fare enforcement including compliance activities, the quantum of fines and the process for challenging an infringement notice.

Among a range of options to be considered the department is expected to examine a proposal that would require commuters found without a valid myki card that had not been touched on to pay a premium to the standard fare, but escape a fine.

Illustration: Ron Tandberg

The training and conduct of the department's authorised officers will also come under scrutiny.

And the option of a $75 on-the-spot fine for patrons who accept liability, which was introduced by the former Napthine Government, could be scrapped.

Ms Allan will receive recommendations from the department by March 2016.

"Fares support our public transport system and it's critical that their enforcement is equitable, effective and fair," Ms Allan said.

The announcement on Friday follows a series of reports by Fairfax Media and a legal campaign by eminent barrister Julian Burnside, QC, who has offered pro-bono advice to commuters contesting fines in the Magistrates Court.

In April, Mr Burnside accused the Department of Transport of bullying public transport users into accepting fines, despite them making all reasonable attempts to carry a valid ticket.

"It's nothing but a standover racket, if people are being bluffed into paying up when they could defend it because they haven't committed any offence," Mr Burnside said.

"The only way to beat a bully is to stand up to them," he said.

Data obtained by Fairfax Media revealed the vast majority of myki fines contested in court were withdrawn or dismissed by the department, but authorised officers continued to issue thousands of infringement notices.
Those willing to challenge the department in court were repeatedly denied access to myki performance and service records.

Fairfax Media revealed in 2013 that the Department of Transport had received written and verbal advice that false myki readings, administrative errors and poor calibration would hinder the chances of a prosecution in court.

"They [the transport department] don't want it to be tested in court, they just want the revenue. They need to prove beyond reasonable doubt and they simply can't," a former contractor said.

Another former employee of the department said concerns about the prosecution of myki fines in court had prompted the decision to introduce the cheaper $75 on-the-spot fines in 2014 in a bid to persuade commuters to accept liability when they did not have a valid ticket.

On-the-spot penalty fares came in for special criticism from Victoria's Public Transport Ombudsman last month, whose office has been flooded with complaints since the 12-month trial began early last year.

Under the system brought in by the former Napthine government, travellers caught without a valid ticket can choose to pay a $75 fare on the spot, instead of the full $223 fine.

Public Transport Users Association spokesman Daniel Bowen said the system took a punitive approach to revenue protection that seemingly made conflict between commuters and authorised officers inevitable.

"Fines are high for what may be a genuine mistake on the part of the user and there is very little in the way of discretion for authorised officers to allow someone the benefit of the doubt," Mr Bowen said.

Authorised officers issued more than 170,000 ticket infringements in 2014-15 and more than 69,000 on-the-spot penalty fares.

The penalty fare experiment yielded more than $5.2 million in consolidated revenue last financial year.
Public transport fare evasion fell to 5 per cent in May, the lowest level since records began to be kept in 2005. Fare evasion cost the system $38.2 million last financial year.

Can you charge the police?

In light with what’s been revealed in the corporate media recently with regards to Victoria Police (sexual harassment horror) , and the relentless criminal activity within the ‘force’, many people are being left exposed and vulnerable to the criminal actions of police.

If you’ve had involvement with police in the court system you could be all too aware of the criminal activities of the police.

From police men (e.g Eugene Matthews from Melbourne’s Sunshine Magistrates’ Court) stating that they have shredded court filed documents, to police falsifying evidence and lying (providing false information) against you in the courtroom.

• You may feel you have been ‘done by law’.

• You most probably have been ‘done by law’ and not even know  it.

So the police have committed criminal activity against you and what can you do about it?

The same thing they do to you – you can ‘charge’ them.

“But can I really do that” asks the ‘footy fanatic’??? !!! ???

Sure can!

Have a read of the High Court Australia case - Brebner v Bruce [1950] HCA 36

 

Victoria Police sexual harassment horror stories is a Failure of Governance

Once again the Victorian Government is responsible for (deliberate?) failure of governance with respect to keeping people safe in their place of work.

How can the community 'feel' safe if the police 'force' is rife with discrimination, thugs, even criminals who are in a position of power and ready and willing to abuse people including the general populous.

This is literally the tip of the iceberg when it comes to the criminal activities of Victoria Police.

Make no mistake about it Victoria Police is rife with criminal activity.


You cannot 'respect' an organisation that rules with fear, force intimidation, and threats of incarceration for no crime committed, just to 'teach you a lesson'!

From the news.com.au article from 9th December 2015 of the headline:

A review into sexual harassment within Victoria Police has been released

Victorian Police Commissioner Graham Ashton speaking about the VEOHRC report into sexual abuse and harassment within Victoria Police. Picture: Ian Currie

HORROR stories have been leaked by female Victoria Police officers in a report released today by the Victorian Equal Opportunity and Human Rights Commission.

The report has looked into the scandalous culture of sexual harassment that exists within Victoria Police.

Former Leading Senior Constable Nicki Lewis, who made a submission to the VEOHRC review, said she was in a same-sex relationship when she was subjected to false rumours, including that she had a sexually transmitted disease, and was shunned by colleagues.

The female colleague who she said spread the rumours once threatened to taser, baton or shoot her, she said.

“When I talked about this with a male colleague he said, ‘Oh, that other lesbian’,” she told ABC’s 7.30 program on Tuesday night.

“He minimised what was happening by treating it like it was just some lesbian drama. That sort of homophobic attitude is common.”

Her formal complaint was eventually dismissed and she was ordered to transfer to another station, but Ms Lewis said the ordeal left her shattered and pushed her out of the force and on to a disability pension.

Victoria’s first female Chief Commissioner, Christine Nixon, told the ABC there was a “persistent, resistant old guard” within the force that made it difficult to remove bullies.

In November last year, then-Chief Commissioner Ken Lay said reports from 20 officers of alleged discrimination and harassment prompted the review by VEOHRC.

“There are men in this organisation whose behaviour towards women is reprehensible,” he said.
Cases included a supervisor who ostracised junior members so they would engage in sexual conduct, while another member groomed shy staff and made relentless sexual advances.

Graham Ashton calls for respect

 

 

Victorian Equal Opportunity and Human Rights Commissioner Kate Jenkins with the review into sex discrimination and harassment in Victoria Police. Picture: David CairdSource:News Corp Australia

Victoria Police Chief Commissioner Graham Ashton said the report was commissioned by police a year ago to investigate sexual harassment, predatory behaviour and sex discrimination within the force.

“The report leaves no doubt we have an issue with sexual harassment, predatory behaviour and sex discrimination in our organisation,” Mr Ashton said.

“I want to say from the outset — I accept all of the recommendations made by VEOHRC for Victoria Police and will action every single one.

“It saddens me that so many of our staff have had to endure terrible experiences, but our resolve for action is firm.

“The change starts today. Our response to this report will be all encompassing. I have appointed Assistant Commissioner Luke Cornelius to lead this vitally important work.”

Chief Commissioner Ashton said police would front the issue head on so Victoria Police could better support victims of sexual harassment.

The VEOHRC review has made suggestions to Victoria Police, some of which will be enforced today.

A safe space where victims can go for confidential support will be set up. They will be able to seek help before they make an official complaint.

In the next three to six months, the complaints process will be revamped with the creation of a Workplace Harm Unit.

It will examine complaints and refer them on to the appropriate body for investigation.

This will eliminate the existing process for local management to investigate complaints in their own workplace
Police can now access a Workplace Harm Hotline where referrals and advice can be provided.

Chief Commissioner Ashton said these changes were just a glint of what needed to be done.

“This means that over the next few years, there will be many changes made to the work environment,” he said.

“The expectations of behaviour will be backed up by clear consequences for those who cannot change and adapt.

“It is going to be challenging. It is going to be difficult. But we will not hide from it.”

Government fraud and corruption costs taxpayer billions: scrapped East West link

The actions of the people in the corporation conglomerate (nee government), are far from ‘honourable’, they're secretive, where fraudulent tenders are submitted for ‘money for mates’ deals, that defraud the hard working Australian ‘mums and dads’ taxpayers billions of dollars with no repercussions.

How many families have lost their home as a result of the fraudulent actions by the unlawful entity, the ATO (Australian Tax Office), but don’t count on the corporate media to expose this gigantic criminal activity by the ‘Australian Government’ 

Oh but that’s a ‘conspiracy theory’ the corporate media will tell the plebs.....

(Carlee Soto uses a phone to get information about her sister, Vicki Soto, a teacher at the Sandy Hook elementary school in Newtown on Friday, December 14, 2012. Picture: Jessica Hill/APSource:AAP)

The above photo has been used by 'conspiracy theorists' with regards to the Sandy Hook massacre.

Nah not at all, there’s a fair few court cases that prove the illegitimate operations of the ATO.

Some cases are not even on the public record, classified as ‘RESTRICTED’, so that the people don’t catch on of the government fraudulent actions.

Are these the actions of an ‘honest’ government or a corporation ruling with unlawfully with fear, extortion and intimidation?

The corporate media has been invited to many a court case that exposes government corruption, but only to be greeted with silence and no (email) response whatsoever.

See ABC’s article from Wed 9 Dec 2015 of the headline:

East West Link: Cost of scrapping project more than $1.1 billion, auditor-general says

Photo: The East West Link was an 18-kilometre road designed to connect major arterial roads. (Supplied: Linking Melbourne Authority)

Related Story: Victoria to pay $420m over scrapped East West Link

Map: Melbourne 3000

The cost to taxpayers of scrapping Melbourne's East West Link road project has topped $1.1 billion, Victoria's auditor-general has found.

Key points:

• Auditor-general says decision to sign contract for East West Link based on flawed advice
• Report says key decisions driven by overriding sense of urgency before state election
• Report says costs incurred by the state had few tangible benefit for taxpayers

In a scathing report tabled in Parliament, Dr Peter Frost condemned both sides of politics for wasting public money and criticised the state's public servants for sometimes failing to provide frank and fearless advice.
He said the former Napthine government's decision to sign the contract so close to the last state election was based on flawed advice.

"The advice provided to the then-government was disproportionately aimed at achieving contract execution prior to the 2014 state election rather than being in the best interests of the project or use of taxpayers' money," he said.

The acting auditor-general also found shortfalls in terminating the contract, with the state incurring costs in excess of $1.1 billion "with little tangible benefit for taxpayers".

The bill will be partially offset by the sale of properties acquired for the project, worth an estimated $320 million.

The total cost of the termination settlement will be $642 million, despite Premier Daniel Andrews' election pledge that the contract could be ripped up at no cost because it was not worth the paper it was written on.

The East West Connect consortium was contracted to build the 18-kilometre road connecting the Eastern Freeway at Hoddle Street to CityLink, the Port of Melbourne and on to the Western Ring Road.

But the auditor-general said key decisions were driven by an overriding sense of urgency to sign the contract before last November's election, even though the project was being legally challenged.

"Signing the contract in these circumstances was imprudent and exposed the state to significant cost and risk," the report said.

Public servants 'scared' of providing frank advice

The auditor-general said advice to the Coalition in the lead up to the signing of the contract fell short, because it did not sufficiently assess the benefits of "delaying finalisation of the procurement and contract to mitigate the risks posed by the unresolved judicial review".

Labor promised to dump the East West Link if it won the election, but the auditor-general said the project was terminated "without full consideration of the merits of continuing with the project".

"The new Government was not provided with updated comprehensive information on the impacts of completing the project versus the option of cancelling it," the report said.

"This meant it was deprived of comprehensive advice to assure it that termination was the best use of public funds.

It shows [the former government] as nothing more than political opportunists gambling billions of taxpayers' dollars.

Tim Pallas, Victorian Treasurer

"Some public officials involved in this audit indicated that providing frank and fearless advice when they believe a government does not want to receive it will negatively impact their influence or career opportunities."

The Andrews Government was also criticised for failing to adequately ensure some of the settlement payment was not a windfall gain to contractors connected to the consortium.

Treasurer Tim Pallas said the report had torn the Liberal Party's economic credibility to shreds.

"It shows them as nothing more than political opportunists gambling billions of taxpayers' dollars in an attempt to buy their way back into office," he said.

But the Opposition's Michael O'Brien accused Labor of lying to Victorians.

"Daniel Andrews promised Victorians no compensation would be paid, the contract wasn't worth the paper it was written on, now we know the cost of that lie," he said.

"$1.1 billion could buy us a new Royal Children's Hospital."

If it had been built, the entire East West Link project would have costs in excess of $22.8 billion in nominal terms, the report said.

Police have changed laws - government corruption or corporate media lies

The Herald Sun publication has stated in their article that the "Police have changed laws".

While this may not mean much to the (below) average 'footy fan' or anyone who comprehends Australia's legal procedure, apart from 'facebook lawyers' who obtain their 'legal' information from memes, laws can ONLY be made and passed by parliament.

Before an 'idea' becomes law, the Bill passes through stages where it becomes an Act, whereby it's called 'law'.

This law can then only be amended again by none other than the parliament. 

If this actually did occur that the 'police changed laws' then Australian have a huge problem that the police have acted outside their capacity.

Many comprehend that Australia's police 'force' is corrupt from the core, but if true this is a huge concern.

What the corporate media WILL NOT TELL you is that all speed camera and red light camera fines are unlawful.

Read the Herald Sun article from 15 October 2013 of the title:

New rules allow speed cameras to be concealed, but police say it's OK to flash lights and warn others

POLICE say they are happy for drivers to flash their lights to warn other motorists about speed cameras. 
 
Traffic Superintendent Dean McWhirter today said he was happy for motorists to flash their lights to warn other motorists they were approaching a speed camera.

"If that occurs I am comfortable with that because it means actually people are getting the message," Supt McWhirter said today.

New speed camera rules explained
 
Supt McWhirter also defended rule changes, revealed in the Herald Sun today, which allow the hiding of speed cameras behind bushes and road signs.

"It was done to make sure that there was some protection in relation to the mobile speed camera operators," he said.

"To make sure the risk to them is mitigated.

"Unfortunately, what we know is that there have been a number of incidents where mobile speed camera vehicles have been swerved at.

"In the last 12 months there have been 247 incidents of threats in relation to mobile speed camera operators.
"And of those 247 incidents, 110 of those have been swerving at mobile speed cameras."

Supt McWhirter confirmed there would be occasions that operators would be concealed by bushes or signs to protect them.

"That's a commonsense approach," he said.

Police have changed laws that means mobile speed cameras can be hidden.

 

The force policy used to say that "under no circumstances" were cameras to be concealed by any covert means.

It also used to ban them on downhill stretches of road unless the site had a significant speed-related crash record.

The new rules - effective immediately - permit mobile speed cameras to be hidden behind trees, bushes, posts and road signs to lessen the risk of harm to camera operators from angry motorists.

They also allow them to be used at the bottom of hills and on slopes if the "road safety objective" can't be achieved at an alternative location.

"There is no restriction from a technical, legislative or enforcement perspective on a mobile road safety camera being operated on a slope, hill or gradient," the new rules say.

The force spent months creating its new policy after the Herald Sun revealed some cameras were being hidden despite the ban and also that fines had to be scrapped because a camera was wrongly set up on a steep hill.

Almost 510,000 motorists paid more than $103 million in mobile speed camera fines in the past year.

Mobile speed cameras will now be able to be concealed or parked on hills.

 

Victoria Police yesterday defended the changes to the mobile speed camera policy, saying they included recommendations made by speed camera commissioner Gordon Lewis.

"The amendments were made to specifically focus on the occupational health and safety of mobile speed camera operators, which is paramount in ensuring they can work in a safe environment," force spokesman Leonie Johnson said.

Police told Mr Lewis the use of concealed or partly hidden cameras was necessary to protect camera operators from injury.

Mr Lewis yesterday congratulated Victoria Police for clearly spelling out its mobile speed camera policy in a document that will be publicly available on the camerassavelives.vic.gov.au website.

Police using mobile radar guns monitor motorists on the Western Ring Road.

 

"Transparency and clarity are fundamental to the motoring public's trust in the road safety camera system," he said

Police rewrote the rules after Mr Lewis asked Herald Sun readers in October last year to report any mobile speed cameras they believed were being used in breach of force guidelines.

He did so after the Herald Sun revealed speeding fines had to be scrapped because a mobile camera was wrongly set up over the brow of a hill to snap motorists going down a steep slope on Warrigal Rd, Surrey Hills.

Mr Lewis's plea to Herald Sun readers resulted in reports about 116 mobile camera sites they believed breached Victoria Police guidelines.

An officer targetting speeding drivers.

 

His nine-month probe found in each case the cameras had been set up fairly and according to the guidelines.

While he did identify three camera sites that were placed on unsuitable downhill stretches of road, he agreed with the decisions of regional police inspectors to override the rules and allow the use of cameras on those hills for safety reasons.

Mr Lewis said it was Herald Sun readers who discovered the controversial hidden camera tactic.

He asked Victoria Police for a ``please explain'' and was told the hidden cameras identified by the readers were put behind shrubs and road signs to protect the camera operators.

Mr Lewis was shown CCTV footage shot from inside a number of camera vehicles showing cars and trucks being driven at camera cars.

Police told him the drivers were ``deliberately intimidating'' the speed camera operators.

keith.moor@news.com.au

An officer checks speeding drivers on Melbourne’s roads.

Dustin Martin, Neanderthals in Aussie football

Apparently according to the corporate media, Aussie footballers are 'heros' and 'stars' and should be looked up to (by the children of the cannon fodder)?

The ancient game of throwing a ball / Chrisitan's head / rock, has been on the scene for quite some time, even dating back to neanderthal times.

Well it looks like those 'neanderthal times' are alive and well within the 'culture' of Australian football (see illustration below of Dustin Martin).

The pissed Aussie bogan / moron / f^ckwit who calls himself a 'footballer' can get away with threats intimidation AND the all time favourite (of footballers) being derogatory towards women.

WHAT AUSSIE HEROS are the dumbass morons!!! !!! !!!

Absolutely pathetic!

But remember folks - You're AUSTRALIAN if you're not a 'footy fanatic'.

More like you're 'unAustralian' if you don't know the 'Australian Constitution'.

Victoria Police urged to withhold evidence

The length that the ‘authorities’ take to make your life most difficult in court goes beyond belief.

We have been informed by someone who witnessed the actions of senior police instructing their underlings to conceal evidence when attending court.

This is in relation to something called ‘contemporaneous notes’.

When you have ‘dealings’ with the police for example with a ‘speeding’ or traffic ‘fine’,  your comments and the actions of the police ‘person’ must be noted down which is referred to as their contemporaneous notes.

The notes are supposed to reflect an accurate description of what really occurred.

Sometimes these notes can also be the officer’s undoing.

It is almost certain that the average Joe is not fully aware of police procedures and most definitely the term contemporaneous is not part of the lay person’s vocabulary.

It is with this deception that the ‘charged’ person is not getting a fair hearing, based on the facts that police are concealing vital evidence.

If you have ANY dealings with police, make sure you ask for the contemporaneous notes in a place of business / trading / commerce called the ‘court’.

The fraud goes much deeper than this but for the moment we are publishing this information as only one part of exposing the fraud and corruption within the corporation known as Victoria Police.