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Transport for NSW confirms no jurisdiction – How to proceed?
We have been addressing a penalty notice that my son received for “driver use mobile phone when not permitted”. Of course they provided photo evidence.
He returned the first penalty notice unclaimed and added the following demand for further particulars:
“To clarify this situation, would you, under your full and private, commercial liability kindly respond to the following questions within 21 days and with non-response accepted as silent acquiesce and admission.
1. Is the informant able to testify to the weight of their evidence?
2. What evidence can you provide that <First name> <Family name>, was issued the driver’s license under full disclosure of its terms and conditions?
3. What evidence can you provide that <First name> <Family name>, was “operating” under a Driver Licence at the time of the (alleged) offence?
4. Are Service NSW, Transport for NSW, Revenue NSW and the NSW Government registered businesses under commercial law?
5. From where does Service NSW, Transport for NSW, Revenue NSW and the NSW Government derive their authority?
6. Can Service NSW, Transport for NSW, Revenue NSW and/or the NSW Government demonstrate jurisdiction in this matter?
7. Is a deceased man able to provide his autograph and seal?
8. Are you Agent(s) of the Crown?
9. Are you bound to act and abide by Australian Legislation?
10. Are you willing to take the stand to testify to the weight of evidence of above?”
We issued a first default notice and added:
“David Elliott, acting as the Minister of Transport, are respectfully directed to:
(a) withdraw the notice
(b) declare, by order published in the Gazette, that the road transport legislation does not apply to me, the living man commonly known as <First name> <Family name>, or any vehicle acquired by my estate, in any location or circumstance [CF] Road Transport Act 2013 §19
(c) deliver to me confirmation of (a) and (b) to the Post Office address disclosed at the head of this Notice by 22 November 2022 in order to expedite the settlement of this matter.”
He promptly received a Penalty Reminder Notice, which we again returned “unclaimed without dishonour”.
As we are preparing to send our second default letter, he has just received the below communication .
It looks like Transport for NSW are admitting no jurisdiction, despite the fact that the questions were, for the most part, related to Roads Transport Acts. And they are redirecting us to other departments including Regional Roads and Transport and Revenue NSW.
How should we proceed?
Do we continue with the second default letter and acknowledge their admission that they have no jurisdiction, then respectfully direct them to:
(a) Withdraw their penalty notice
(b) declare, by order published in the Gazette, that the road transport legislation does not apply to me, the living man
(c) deliver to me confirmation of (a) and (b) to the Post Office address
Do we begin issuing notices to Revenue NSW and Regional Roads and Transport?
Is there anything more we should add?
Any suggestions most appreciated!!
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13 Replies
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This might help you.
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And this
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She of this will apply to your matter and some won’t.
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Much appreciated – thank you Morag! 🙏
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OK… we now have the next reply, this time from the NSW Minister for Finance and Employee Relations after the Minister for Transport referred to him.
While they continue to assert their authority via statutes, I notice they have not replied to our questions and interestingly state that “further correspondence of this nature will be noted but may not receive a response”.
This is the first correspondence we have received from the NSW Minister of Finance but we have issued the Minister of Transport with the third Notice and Opportunity to Cure Else Default Judgement.
I’m a bit confused – do we now need to provide the Minister for Finance 3 Notices too or just proceed with our default judgement and affidavits for the Minister for Transport?
Most appreciate your guidance 🙏
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No consent = No contract. they still haven’t answered your questions and giving it to some other Agent doesn’t change your position. Acts and legislations do not apply to (Wo)Man. Where is the contract from the Minister that says you are his property?
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Happy to Contract with you Minister, but here are my terms and conditions. I need a million dollars up front and all liabilities waived.
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Signed and witnessed of course.
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😀🙏
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Thanks Ant!
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Was impressed and interested in your original letter as to the range of questions you put – where did you get that from??. I paid $200 for Module 19 and am attempting to comprehend the process with some difficulty around how one goes about lodging affidavit etc and getting default judgement. Still can’t get clarification and very unsure if I’ve even posed my questions correctly. I’ve issued 2nd notice and trying to keep ahead so I’ll be ready for the next steps as they come.
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It’s because it is addressed to the wrong contact. Should be to Victor Micheal Dominello of Revenue NSW. Not Transport NSW
