National Human Rights Consultation Submission 

AGWW-7RE4N9 

Name: Stacey Hirsch 

Submission Text: 

Currently in Australia there is a Federal Bill whihc was passed
 
in 2002 that relates to Parking Fines and the certain peices of informatin
 
which should be on a fine deemed as essential in protecting the rights of
 
the individiual, ensuring that " innocent until proven guilty" is hnored
 
and also to not subject indiviudals to poverty throught the issuing of
 
fines.
 

 
The Transport Act lists specific details which need to be on a parking fine
 
and also guides that in the case of a fine being issued without trial be
 
administered for 2 main purposes; to free the courts from unnecessary and
 
less criminal hearings andto allow the easy collection of a fee for the
 
individual to have a small matter disposed of without incurring a criminal
 
record. The guidelines were specific, that the ticket must allow for an
 
individual to state their case if the grounds of the fine are not correct
 
or erroneius before having to appear in court, for the fines to be 1/5th of
 
what a court may order for the offence, that an individual who has a fine
 
may write for paying of instalments or have the fine review based on
 
financial hardship. The guidlines also state that these must be clearly
 
marked on the ticket where and how to do this and to allow 28 days before
 
further enforcement occurs. The intention of the introduction for fines
 
was to make the matter go away, and not turn it into a purely revenue
 
generating excercise. It is stated also that the offences and the fines
 
for each offence are to be publicly displayed and be easily accessable by
 
the public.
 

 
Paticularly in NSW the current issuing of tickets defies the guidleines and
 
does not honour the Human Rights outlined to be protected by the details
 
being printed on the ticket. Instead what has occurred is a gross
 
exaggeration of the original approval of the fines. For example, a fine
 
for parking too close to a yellow line in Balmain Syndey attracts a $175,
 
and the court has ordered a fee of $100 for the same offence. This clarely
 
does not follow the guidlines of cost nor does it allow an individual to
 
have an communication channle to have the matter handled outside of
 
appearing in court.
 

 
By stipulating on the ticket ONLY-pay or go to court, immediatley attracts:
 
Financial hardship, Stress, the prospect of haing to organise a day off of
 
work to attend court to defend innocence or appeal for financial hardship.
 
By forcing an indidual into the situation of taking a day off work ( which
 
may cause either loss of pay of $200, or risking upsetting an employer) in
 
order to be releived of any further costs, or harrassment from the issuing
 
body, an individual has 2 options, pay the fine or ignore it.
 

 
NSW as the example here of issuing non compliant tickets (according to the
 
Bill and the Transport Act) are extorting money out of individuals and
 
innocent individuals without any avenues made available for being
 
challenged on the integrity of the tickets themselves and the issuing body.
 

 
I have drawn attention to this by wrting to the Transport Minister of NSW,
 
the attorney General of NSW and the President of the Local Councils of NSW
 
with no response.
 

 
May I also point out, that if the fines themselves were folllowing the
 
original guidelines, I believe that people would pay the fines with far
 
less stress, trouble and dispute, the revenue would come in faster, the
 
administration would be less and there would be greater money circulatin in
 
the community to spend on other essentials. 

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The balantant exploitation of human rights in this example needs to be
 
thoroughly investigated and also the nonsensical mentality that exists
 
behind the issuing of tickets- rather than gently enforcing civil
 
compliance and raising money, it costs society by having to implement the
 
SDRO and also manage the level of violence and attack on issuing officers
 
and the general stress and pain created-it is a very real occurrence and it
 
is because, for an individual on a low income, a parking fine in the Sydney
 
area, is life threatening when rent and the cost of living is as high as it
 
is.
 

 
I have available the researched material to assist in the further
 
discussion of this issue and also the emails sent to the Minister of
 
Transport for NSW and the AG as mentioned above. 

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