In 2006, hundreds of thousands of statutory declarations signed by motorists fighting traffic fines were investigated as part of a major fraud crackdown by the NSW government. Strawberry Hills download and complete apayment plan application form at: are not suitable for a payment plan with Revenue NSW. Perth WA 6000, Head Office: Level 8, 66 Goulburn Street, Sydney NSW 2000 | Ph: (02) 9261 4555. If it is accepted, a new fine will be sent to the driver that you nominated. You cant use the nomination process if you were given an on-the-spot fine by a police officer, a rail transit officer or another authorised government officer. It is an offence to not nominate the driver of a vehicle that has been involved in a traffic violation. contact Revenue NSW on 1300 138 118 before the due date or download and complete a payment plan application form at: To set up a payment plan for an overdue fine: contact Revenue NSW on 1300 655 805 or update your payment plan online using the myEnforcement portal. Your rating will help us improve the website. Two years earlier she had managed to leave an abusive relationship she had been in since she was 16. It is a criminal offence to provide false or misleading information on a nomination . After you have lived at a new address for 28 days: Fill in an electoral enrolment form and send it to your Divisional AEC office or scan it and email it to info@aec.gov.au. Making a false nomination If you falsely nominate another person as the driver, serious penalties apply. We are Sydneys most trusted criminal lawyers and have offices throughout NSW. A Sydney man was fined $99,000 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. You can set up a payment plan to pay over a longer period on your fine or overdue fine. 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. If you are out of time to nominate the responsible person, you should get If Revenue NSWdo not transfer a fine to the responsible person you shouldget Buy the car from you outright or 2. "These include checking nominations against all available evidence, for example photographs taken at the time of the offence. Statutory Declaration - Companies. You must lodge the nomination within 21 days of the issue of the penalty notice in accordance with Section 186 of the Road Transport Act 2013 to avoid being charged with fail to nominate the driver of a vehicle. This field is for validation purposes and should be left unchanged. "While the vast majority of people do the right thing, any doubtful nominations are checked against all available evidence, for example photographs taken at the time of the offence," said the Commissioner of Fines Administration, Stephen Brady. The most common fines are for parking, speeding, toll roads and public transport offences Nationwide News Pty Ltd 2023. is a written or electronic statement of facts that you sign in front of an authorised witness. If someone else was driving the vehicle at the time of the offence; and, The offence was camera detected, rather than on-the-spot, The offence is not a camera detected offence. AWDO means you do an approved activity with a WDO sponsor organisation or health practitioner to pay off all or part of your fines, such as unpaid work, education and personal development courses, counselling or treatment programs. If it arrives with Revenue NSWafter the due date, they may not accept it. Some offences, such as camera-detected offences and parking in a school zone, will apply demerit points to a driver licence, so you are required by law to nominate the person responsible. It is also an offence to falsely nominate another person who did not commit the offence and the court can impose any of the following penalties, depending on whether the registered operator of the vehicle is a person or a company: 1. If youve lost your fine and are unable to log in,contact Revenue NSW on 1300 138 118 or complete the onlineenquiry form. You will need the finenotice number and the date of the offence to use the online system. Mr Brady said the NSW Office of State Revenue (OSR) checks all driver nominations against RMS records for license details and immigration records to confirm the nominated person in the country at the time of each offence. The government closely review driver nominations to identify potential fraudulent declarations and hold the offending parties responsible. When a violation is committed, it is expected that the driver who committed the act knowingly accept responsibility and the registered owner of the vehicle nominates them. You can nominate a driver or person responsible by: You can nominate a driver or person responsible on the Documents Last updated: 2 March 2023 Nominate online "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. Make sure they are told that neither of you have any knowledge of the car, nor who owns it, nor who drives it, but that someone has falsely nominated her (there is a fine of about $9,000 for false nomination). falsely nominating another person You can nominate someone else if you have received a fine or overdue fine notice, but: You werent driving thevehicle at the time of the offence, You sold the vehicle before the date of the offence. 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 You will be askedto provide the name, address, date of birth and Australian driver license ofthe person you are nominating. Your nomination may be rejected if you do not provide enough information about the driver. You may also be able to have your fine added to an existing payment plan. 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. Copyright 2009-2022 Armstrong Legal. You didnt know you had been issued with a penalty notice until you got the enforcement order, but only if the court election is made within reasonable time after receiving the enforcement order, You were prevented from doing anything about a penalty notice due to accident, illness or misadventure. legal advice. Followed categories will be added to My News. 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. Court election after your fine is overdue. Its a good idea to get legal advice before you do any of this. 19. A dusty corner on the internet where you can chew the fat about Australia and Australians. If you do, it just gets more expensive and more complicated. You may need to do this if you: You will need to provide Revenue NSWwith some important informationincluding: If you do not know who was responsible for the vehicle or do not know much information about them, you should get legal advice. She had just turned 29. Customer: nsw JA: Thanks read more John Melis Lawyer Bachelor's Degree 35,336 satisfied customers I have been asked to submit additional information such as If you want to request a review of your fine you may do so at my Penalty, which is Revenue NSWs website. You shouldapply to nominate if: someone else was the driver responsible for the vehicle at the time of the offence you sold the vehicle to someone else or disposed of the vehicle before the offence date you believe the vehicle or number plates displayed on the vehicle were stolen you were incorrectly nominated as the responsible person You have 28 days from the date of Revenue NSWs decision to send in your application to the Local Court and there is an application fee for each enforcement order you are appealing. Revenue NSW may contact you if they need anything else from you. 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. 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. As the registered vehicle owner, youre responsible for any offence incurred in your vehicle until the responsible driver is nominated. Revenue NSWwebsite. What Happens if You Dont Nominate a Driver in NSW? Falsely nominating another driver can lead to charges of wilfully misleading police, which can incur a $1600 fine, or false statutory declarations that can result in two years' imprisonment and a . When Revenue NSW receive your first payment, theyll set up fortnightly payments. This means you will have to pay the fine and demerit points or licence suspension from the camera recorded offence will be recorded against your licence. Sharon now has $30 per fortnight paid directly from her Centrelink payments to Revenue NSW. It can attract a penalty of 60 penalty units (a fine in excess of $7000). 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. Drivers who falsely claim someone else was behind the wheel at the time of an offence could be slapped with an $11,000 fine under harsh new penalties introduced in NSW parliament on Tuesday. This offence also applies to companies who have cars registered in the company name, requiring the company to nominate the correct driver within 21 days. brmmbrmm 10 yr. ago Your username does not inspire me with confidence tatty000 10 yr. ago Username relevant? You can tell Revenue NSW that you were not responsible for the vehicle when the offence took place. If you can pay the full amount within three months. This is only likely to happen if the driver you nominate denies they were the driver. This means when you get a fine, it comes to the right address so you can deal with it. Demerit Point Fraud Offences, Laws and Penalties in NSW, relating to traffic violations which differ depending on the nature and severity of the violation, however, falsely executing a statutory declaration is a criminal offence in NSW, and is punishable by up to five years in prison, according to, LY Lawyers offer services for all kinds of criminal matters, including traffic violations and fraud. It should also be noted that I live in Melbourne, Victoria and I would prefer to exhaust all other options before having to nominate a different driver. Once a fine has been paid in full the matter is finalised and no further enforcement action occurs. You can check on The maximum penalty for individuals who falsely nominate a driver is $11,000, and the maximum penalty for a company that falsely nominates a driver is $22,000. The penalties imposed for a fail to nominate the driver offence differ depending on whether the offence is a first or second offence and on whether the offender is a natural person or a corporation. This means speeding more than 20 km/h over the limit, Sending a letter to Revenue NSW with the details of the offence and your details, Advising online using the MyPenalty portal on the Revenue NSW website you will need the penalty notice number and the date of the offence. To request a review of your fine, go to:www.revenue.nsw.gov.au/fines-and-fees/request-a-review. It looks like your browser does not have JavaScript enabled. You must nominate the driver or person responsibleby the due date on the finenotice. Sophie now practices exclusively in Level 8 If the person you are nominating elects to go to court, you will be required to complete a statutory declaration (PDF 847.81KB) and have it witnessed by a Justice of the Peace. If the vehicle is registered to any other type of entity (for example a business or company) the maximum penalty is $11,000. Revenue NSW will review your nomination, and may contact you if they need to clarify anything. Those reviewed included instances where the nominated penalty was subsequently disputed, the nominated driver was unlicensed, deceased or held an overseas licence, the same driver was nominated multiple times or the same declarant repeatedly submitted nominations. Under this plan, you must pay up to five more instalments of at least $40 until you clear your debt. Criminal Lawyers Sydney | Privacy Policy, You can nominate a driver online using the NSW governments. The penalty notice will be withdrawn from your name and a new notice will be issued to the correct driver. You can do this online or drop in to your closest office. 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. an approved nomination notice given under subsection (1), falsely nominate a person (including the person making the nomination) as the person who was in charge of the vehicle or vessel at the time the offence occurred. In support of her application Isabelle was able to provide a detailed report from her psychologist as well as some support letters from domestic violence workers who had known Isabelle when she was trying to escape the relationship. The addition of speed and red light cameras, among other methods, have been particularly helpful in capturing road-related criminal offences such as speeding, improper parking, and red light and bus lane violations. Making a false nomination is a serious offence. You can get the forms and prepaid envelopes from an AEC office, the NSWEC, post offices, or your state or federal MPs office, or from: And because we all forget to tell someone, we can also do this: Fill in and lodge an Application to Redirect Mail at any Australia Post outlet. If youd like help, call 1300 888 529. [* see Part 2.8]. - Frequently Asked Questions, Going to the Fair Work Commission - Frequently Asked Questions, Appealing the decision of the Fair Work Commission, After the case - Frequently Asked Questions, Going to the Fair Work Commission - flowchart, What are general protections? If you no longer possess the notice, you may contact Revenue NSW directly. [* See Part 7]. 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. Review Assist Guide. You can provide a signed and witnessedStatutory Declaration form (PDF 847.81KB)bymailing to: Revenue NSW Contact us for your FREE initial consultation. 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. Add articles to your saved list and come back to them any time. Isabelle had a car during the relationship, which was registered in her name, but mostly he drove it, leaving Isabelle and the kids to use public transport. Penalties will apply to companies that fail to nominate. David and Lucy were at home watching TV when Lucy started to experience severe stomach pain. On the way to hospital Davids vehicle was captured by a speed camera exceeding the speed limit by 10 km/h. 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. Scan this QR code to download the app now. Fines issued to company vehicles Companies are required by law to nominate the driver of a company vehicle for camera-detected offences. You will need to tell Revenue NSW why you are not able to pay for the fine in full. The plot was uncovered when police seized the Brazilian womans phone for unrelated offences and discovered the texts. These matters are often prosecuted where a nomination is not made on the offence, or when a nomination is made far outside the 21 day time frame. 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. A Yamba woman is set to face the Supreme Court accused of violently murdering a Goonellabah grandma described as always full of love with a cheeky zest for life. - Portuguese, E Manaomia Fesoasoani i Mea Tau Tulafono? You will be askedto provide the name, address, date of birth and Australian driver licens. The maximum penalty for individuals who falsely nominate a driver is $11,000, and the maximum penalty for a company that falsely nominates a driver is $22,000. Please enable scripts and reload this page. MOTORISTS should be aware about the penalties that apply for fraudulent claims in relation to demerit points for driving offences. 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? To set up a payment plan for an overdue fine: You can also choose to have your instalments deducted from your Centrelink benefit by choosing Centrepay as your payment method. As long as Revenue NSW has enough time to transfer the fine to the correct driver. NSW, 2012. The judge was lenient in her fine but stated that those who defraud government agencies face jail time. If you do not nominate the person responsible for the vehicle, the fine will remain in your name and Revenue NSWwill seek payment for the fine from you. If you miss one of these payments you must immediately pay your fine in full, as well as a $65 late fee. Examples of Falsely Nominating Another Driver in NSW, Sydney Woman Fined $7000 for Speeding Fine Fraud. 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. [* 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]. Paying the fine does not mean that you are admitting that you are guilty, however bear in mind that some traffic matters will stay on your record once you have paid the fine. If you dont know who was driving your car at the time of the offence, you can: Please note that these photographs are designed to capture the number plate of the offending vehicle, not identify the driver. If you have already paid the fine, you have 90 days from the date the penalty was issued to apply. Although the fine itself will be reduced by 50%, this will not change the status of other penalties you have incurred such as demerit points, driver licence sanctions, suspensions, cancellations or disqualifications. You cannot email or fax the statutory declaration to Revenue NSW. As long as Revenue NSW has enough time to transfer the fine to the correct driver. The law will treat you as though you were the driver at the time of the original offence. If you falsely nominate another person as the driver, serious penalties apply. All rights reserved. myPenalty whether Revenue NSWhave completed the transfer of the fine out of your name.
falsely nominating another driver nsw
