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NSW 2012. and slapped with a 12-month driving suspension after blaming a series of driving offences on a person who was proven to be overseas at the time. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. It is an offence to not nominate the driver of a vehicle that has been involved in a. . It looks like your browser does not have JavaScript enabled. We may also ask for more evidence in writing, in person or in court. If you're unable to apply online, you'll need the: Note: You can also complete a statutory declaration form and send it to the address on the form. She sought advice from Nick, a volunteer lawyer at a community legal centre. In some circumstances, you must use a statutory declaration rather than the online form, for example when the other driver does not have an Australian driver licence. : Maximum penalty-- (a) if the offence relates to a vehicle or vessel registeredor Documents Last updated: 2 March 2023 Nominate online You can complete a notice of disposal online if the buyer is a NSW resident with a NSW driver licence or download the form. If the offence incurs demerit points with Transport for NSW, these will be applied once payment is made. Part 2: Penalty notices - Legal Aid NSW She was also able to provide police records and a statement she had made to them about her former partner. Further time will be given to pay the fine or make a court election. You have until the due date on the fine reminder noticeto nominate the person responsible for the vehicle. Sophie now practices exclusively in Level 8 Fortunately, she was able to receive treatment in time and made a full recovery. What if I do nothing? If youd like help, call 1300 888 529. WA police crack down on demerit scam - 9News Archived post. download and complete apayment plan application form at: are not suitable for a payment plan with Revenue NSW. [* see Part 2.7], Decide to have the matter heard in a Local Court [* see Part 2.8], Apply for a Work and Development Order (WDO) [* see Parts 2.10 and 5.4]. Making a false nomination is a serious offence. A dusty corner on the internet where you can chew the fat about Australia and Australians. Credit: Adam McLean. There are significant penalties for this offence including fines. . "People who falsely nominate another person for a driving offence or who accept responsibility for a driving offence they did not commit may end up with a hefty fine from OSR, or they may end up before a court and ultimately with a criminal record.". Sophie Ogborne - Solicitor - Sydney. Statutory Declaration form (PDF 847.81KB), Statutory Declaration form (PDF 825.79KB), Work and Development Order (WDO) sponsors. Lose access to the car Revenue NSW may contact you if they need anything else from you. Sydney Man Faces $99,000 Fine in Driving Offences Fraud. You can nominate a driver or person responsible on the, You will need the finenotice number and the date of the offence to use the online system. You will still receive a written notice of the decision along with further information on your options for dealing with the fine (such as through a WDO or a payment plan). The penalty notice will be withdrawn from your name and a new notice will be issued to the correct driver. There is information on your penalty notice about where to go to make the nomination online. [* see Part 5.4]. After considering all of the evidence, Revenue NSW wrote to Isabelle to say that the fines had been withdrawn, which meant it wasnt necessary for her to go to court to challenge the fines. These false driver nominations included eight speeding offences, two red light offences, 10 parking offences, and two bus lane offences, which would have totalled $4600 if he had falsely declared to a government agency. You can apply online or you can complete a form and send it to Revenue NSW. "Also checked are Roads and Maritime Services records to verify if the nominated driver holds a valid licence and immigration records to confirm nominated drivers holding international licences were actually in Australia at the time of the offence. If youreceive a fine (fine notice, fine reminder notice or overdue fine) but were not the driver or person responsible for the offence, you can transfer the fine by nominating the person responsible. Fine for misleading nomination of other drivers - Driving licences Note that you may still apply for a reduction for a significant offence because Revenue NSW may still consider granting a reduction. When she saw Don, a lawyer at a free advice service, she explained that she didnt have a driver licence because of unpaid fines and enforcement costs totalling more than $3,000. Failing to Nominate the Driver of a Vehicle - Red Light & Speed Cameras Speak Directly To a Lawyer Now 1300 038 223 Open 7am - Midnight, 7 days Or have our lawyers call you: Call me later If the vehicle is registered to a person the maximum penalty is $11,000. For more information see We are Sydneys most trusted criminal lawyers and have offices throughout NSW. after being caught paying another person to take all five of the demerit points she received for speeding past roadworks in the Cross City Tunnel, in 2019. If Revenue NSW receives the nomination within the 21 day time frame, they will withdraw your penalty notice and issue a new one to the nominated person. - Filipino, - Greek, Butuhkan Bantuan dalam Masalah Hukum? Passport number and country of issue if you're nominating an international driver. use a general application notice to the Local Court form available online. You may be asked to confirm your government benefit by providing: Revenue NSW may also ask for other supporting documents including: Another person can apply for a reduction on your behalf. For offences such as littering from a vehicle, you should name the person responsible, even if you were the driver at the time. If youve lost your fine and are unable to log in,contact Revenue NSW on 1300 138 118 or complete the onlineenquiry form. The offending car was unknown to her (also checked the photo). You can set up a payment plan to pay over a longer period on your fine or overdue fine. For information on appealing a court fine [* see Part 3]. A reduction will not be granted if you are able to deal with the fine in another way, such as a payment plan or WDO. You can do this online or drop in to your closest office. Einfeld (2010) 200 A Crim R 1 [2010] NSWCCA 87 s.319 Perjury PG (12.5%) 2y 3m NPP 15m 21m NPP 14m Total: 3y NPP 2y Your rating will help us improve the website. Dealing With a Speeding Ticket (Qld) | Armstrong Legal The most common fines are for parking, speeding, toll roads and public transport offences If you are under 18 years of age, homeless, experiencing serious financial hardship, mental illness, intellectual disability or cognitive impairment or have a serious addiction, you may be eligible to pay off your fine through a WDO. You can transfer the fine to the person responsible by nominating online. . brmmbrmm 10 yr. ago Your username does not inspire me with confidence tatty000 10 yr. ago Username relevant? Please think carefully about your options. This process applies to penalty notices only. Calling the Fines Victoria pretty useless as the keep suggesting to use the website. You will also asked for your email address and telephone number. Or Revenue NSW is concerned that your nomination might not be correct. - Italian, ? If the fine remains unpaid by the finereminder due date, any demerit points for the offence will be added to your licence and further costs may be added. Statutory declaration for a fine notice (Individuals) PDF, Statutory declaration for a fine notice (Organisations) PDF, Nominate someone else for a fine NSW Government, Manage your fines with a MyServiceNSW Account, your finenotice number andthe date of the offence. 19. Call LY Lawyers on 1300 595 299 or contact us online to book your free consultation today. Now what I want to know is if the demerit point comes into play from the date of offence or the day I've paid my fine? [* See Part 7]. The new legislation doubles the maximum fines - from $5500 to $11,000 - for vehicle owners who shirk a penalty for speed camera and other camera-detected traffic offences by falsely nominating another driver. The law will treat you as though you were the driver at the time of the original offence. You can make a request for review of a fine if: A review of a penalty notice can be requested even if it has been paid or part paid. FAILURE TO NOMINATE THE DRIVER OF A VEHICLE in NSW. This is called nominating another driver. if your application is unsuccessful, Revenue NSW will be notified and you will be issued with a new penalty reminder notice for payment of the fine. For free information and advice contact LawAccess NSW on 1300888 529. Fail to nominate or false nomination offences | NSW Government She was admitted to practice in New South Wales in 2020. Two years earlier she had managed to leave an abusive relationship she had been in since she was 16. Nominating the person responsible means the fine and loss of demerit points will be assigned to them, not you. It is also important to note that if you are nominating another driver, you should not pay the fine. Sophie has experience in criminal law, civil law, family law and in the criminal and equity divisions of the Supreme Court. If you have already paid the fine (before the finereminder notice was issued)but want to nominate another driver, you have up to 90 days from the date the finewas served to do this. If you are out of time to nominate who was responsible, you should getlegal advice. Revenue NSWwebsite. New law doubles maximum penalty for fine fraud to $11,000. The judge was lenient in her fine but stated that those who defraud government agencies face jail time. Fines issued to company vehicles Companies are required by law to nominate the driver of a company vehicle for camera-detected offences. Your options to deal with a penalty notice are: If you dont deal with the penalty notice by the due date on the penalty reminder notice, Revenue NSW will send you an enforcement order and an additional $65 will be added to the fine amount. Sending an email through the Revenue NSW contact us page on their website.