Does The Punishment Fit The Crime?

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Herne Hill Hammer

Cancelled
10k Posts
Jun 22, 2008
24,580
21,276
AFL Club
Geelong
I've been mulling this one over for a couple of weeks deciding if I'd put it up for discussion. Here it is, but first a bit of back ground.

For something I may have vaguely heard of before, I came across two instances within a matter of weeks, one involving me and the other a work colleague, of losing, or potentially losing your licence for the non payment of fines that have absolutely nothing to do with your conduct on our roads. Both related to WA so not sure if it's the same across the board.

My work colleague, lives south of Perth and does fifo work with me. He and his wife along with their 3 young children moved into their new house at a time that coincided with the WA state election. With all of the upheaval, he forgot to vote and hadn't gotten around to updating himself on the electoral roll plus a lot of other things. When he did finally getting around to updating his address quite a while later, one of the first things he received (the day that he flew out for work) was a notice in the mail to say that his licence had been suspended due to non-payment of a fine and the subsequent increase in penalties.

He now had quite a sizeable amount to pay before they would reinstate his licence and he couldn't afford to pay it, not all at once anyway. He was going to have to arrange a payment plan with them if they'd let him and he couldn't get it done until he flew back into Perth. In the meantime it had got around work that he didn't currently have a licence and the bosses got wind of it and called him in. He went within a bee's dick of losing his job.:eek:

I had quite a heated discussion with a mutual work colleague (this other guy's back to back) about it and he was adamant that if he'd voted or paid the fine in the first instance none of this would be happening. I said irrespective of that, the potential implication for this bloke in not voting was that he could have lost his job. He would have gone from a family man with a large mortgage that he was just barely managing to pay, who pays $35k+ tax per year and shops and makes use of many goods and services to someone who relied on welfare to get by, all for not paying a small fine for not voting.

From net tax payer to a drain on the now smaller public purse.

I moved back to Victoria with my family in December. We live in a rental atm, I signed the lease for it last September but had my sister in law and her boyfriend house sitting it for 3 months.

When I signed the lease, I mentioned to the landlord that there was no mailbox. He actually had one in the boot of his car and put it in that afternoon. I left a couple of days later to fly back to WA happy in the knowledge that we had a mailbox.

Fast forward a month and I buy myself a brand new trailer in Kalgoorlie, with 12mths rego paid for, it set me back almost $6k. I hooked it up and towed it back up to my then home in Leinster. We were buying all new in Victoria so I wanted the trailer to take back tools, outside implements and personal effects, all of the larger stuff would get flogged off.

The time came, my family flew over from WA to Vic while I drove with the cat, towing the loaded trailer. We're settled back in Vic and everything's going fine. One thing we had noticed though was that we weren't getting any mail, not even junk mail. I flew back out to WA mid Jan to go back to work doing a 2/1 roster. Three days into my swing, my wife rings up, she's been into the post office asking about mail deliveries, the manager in the post office tells her that we don't have a mail box, wife says we've had one for 4 months, where's our mail? We've been holding it for a month and then returning it to sender. Why hasn't it been getting delivered? No answer. The next day mail starts getting delivered, there's a fine for me from the WA Dept of Transport, the wife scans it and send it to me.

There is a bill for $150 plus $100 penalty on top for not transferring the trailer I purchased in Kalgoorlie into my name. I have since re-registered the trailer in Vic and sold it. It says that it's my final notice and if I don't pay, my licence is going to be suspended. I rang up the place that I'd purchased the trailer from and asked why they hadn't submitted the transfer papers that I'd filled out at point of sale. No answer. I ring WA Department of Transport and explain it to them, they sympathise, but bad luck, pay up or have your licence suspended. I paid up.

Again, if my wife hadn't have gone into the post office and asked the question, I probably would have had my licence suspended and been none the wiser which would have obviously created all sorts of problems for me if I was pulled over and had a licence checked or again as with my work colleague, it would have seriously jeopardised my job security. As someone who is 50 this year with a young family, I'm under no illusions, if I had lost my job over my licence, I would have seriously been up shite creek without a paddle and absolutely struggled to get anything even near to what I do now.

From a net taxpayer of around $45k a year to a big drain on the public purse.

I may be in the minority here, but for me, taking someone's licence off them for non-payment of non driving related offences and putting their livelihood in jeopardy is absolutely ridiculous. Do they actually think about his when setting penalties?

What do you think, fair enough or over the top?
 
My sister ended up with a court summons due to the RMB being dropped off her actual address by the fine computers.

One fine never delivered due to a system error ended up in a court date.

She got out of it because it was çlearly not her fault.

I had a debt collector turn up at my door because the council had the wrong postal address for someone.

The issue isn't that these mistakes happen, the issue is they often treat you like a criminal and work on the you won't contest it line to take advantage
 
I do understand the idea of allocating fines and marrying them up to your car and licence. Our cars are now the biggest part of our lives ( for most) and so the idea of not having a licence hurts those of us that care.

Parking fine? Nah stuff em. Oh hang on thats my licence, grumble grumble.

So on the whole I dont have a problem

The issue that you have identified is poor mail delivery systems and notification systems. That needs to be changed
 

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The sort of circumstances you're talking about only kick in after quite a few months, and there are plenty of avenues for redress.

20 years ago, the consequences of being out of contact via conventional mail for months on end would have been way more severe. I think the advent of the electronic age has made a lot of people pretty cavalier about what remains a pretty critical means of communication for certain things.

If you're moving, get a redirect and fix your addresses within 12 months. If you aren't getting mail, don't leave it 4 months before inquiring why.
 
The sort of circumstances you're talking about only kick in after quite a few months, and there are plenty of avenues for redress.

20 years ago, the consequences of being out of contact via conventional mail for months on end would have been way more severe. I think the advent of the electronic age has made a lot of people pretty cavalier about what remains a pretty critical means of communication for certain things.

If you're moving, get a redirect and fix your addresses within 12 months. If you aren't getting mail, don't leave it 4 months before inquiring why.

We virtually get zero mail these days, bills etc are all email.

We weren't living at the property for 3 of those 4 months and 1 week, everything was still being delivered to our WA address where we were still living. We put in and paid for a mail redirection a couple of weeks before we left WA. (we know how things work, we used to own a post office in Victoria so we know how many people don't put in a change of address and how many problems it can to cause).

Within 5 days of moving back to Victoria, I had changed rego's on both cars and the trailer, we had changed both our licences over, updated the electoral roll and applied for new Working With Children cards. I had also changed ISP's so updating my email address for things was and still is a work in progress.

The postie rode past our shiny new mailbox everyday. It's not like we're on a lonely country road with an RMB, we're in suburbia with houses around us. It was simply Australia Post not doing their job. I think they were lying too about the length of time they were holding our mail before returning it to sender. WA Department of Transport told me they had sent out other notices so either our re-direction isn't being actioned by the PO in WA or the people at the PO in Vic were lying to us.

imo, through no fault of my own, I could have potentially, unbeknownst to me, had my licence suspended and as a consequence of that, lost my job. Chances are if it came to that, I could have explained it away fairly easily (not that, that can always matters to organisations) but that wasn't the point of my OP. I was simply asking if a loss of licence is an appropriate penalty for someone who hasn't voted or some other minor infraction that isn't driving related?
 
Fair?

a) Voting shouldn't be compulsory anyway.

b) Surely in enforcing any law contact has to be established. I myself forgot to pay a bill the other week. I was mailed, emailed, sms and phoned. Seriously there is no other way of getting in contact?

It is revenue raising bullshit designed to add penalties and rip people off.

c) Don't even understand what the OPs fine was for. It is up to the buyer and seller to organise transfer. Thus if a driver incurs a vehicle based penalty it is up to the registered owner to pay and hence ensure rego is up to date.
 
I was simply asking if a loss of licence is an appropriate penalty for someone who hasn't voted or some other minor infraction that isn't driving related?
It's not a penalty for the original infraction. It's ceasing to provide services to a long-delinquent debtor.

Businesses do this all the time and it's pretty a pretty reasonable course of action. Why should they have to continue to service a customer who isn't paying what they owe?
 
OP and friend need to handle their business better

I would have thought that in my instance, I had made a pretty reasonable fist of getting everything sorted.

You still miss the point though, whether or not either of us just cbf or whether we thought we'd done everything possible to make sure it never happened, I'm asking if have a licence suspended for something non-traffic related is a reasonable response?
 
It's not a penalty for the original infraction. It's ceasing to provide services to a long-delinquent debtor.

Businesses do this all the time and it's pretty a pretty reasonable course of action. Why should they have to continue to service a customer who isn't paying what they owe?

I didn't require their services anymore, I had moved to the other side of the country and changed all of my registrations.

I have purchased cars in 5 states in Australia and trailers in 3. Apart from this one trailer in WA (which I obviously never did, hence the fine), I have never once had to present at that state's transport board and transfer the vehicle / trailer into my name, that paperwork has always been taken care of at point of sale and the business from which I'm making the purchase has always done it, that's a given.

If i'm purchasing privately then that's a completely different story. In this instance I think I've been stitched up by the mob that I've bought the trailer off and then it's been compounded by Australia Post.
 
Same happened to me when I moved to Vic from WA. Forgot to vote in an election as I was travelling and when I went to transfer my license realised it had been suspended and I had been driving for over 6 months without one. The fact that they don't even attempt to personally get in touch with you (they have your mobile number) is ridiculous and bad business on the WA State governments behalf.

I'm not actually too sure how well it would hold up legally if challenged as well as you have to make a reasonable effort in notifying people of things of this manner.
 
I didn't require their services anymore, I had moved to the other side of the country and changed all of my registrations.
A licence is a service.

In this instance I think I've been stitched up by the mob that I've bought the trailer off and then it's been compounded by Australia Post.
Agreed, but that's not really the WA government's problem.

Whatever the rights and wrongs of the situation, the reality is that it's up to us to make sure we're contactable, because we're the ones who suffer if we're not.
 

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I wonder if it's two different things.

Your mate got a vehicle type penalty for a non vehicle offence. Is that unfair?

Whereas you got a a vehicle type penalty for a vehicle offence - but in the circumstances you reckon it was unfair.
 

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