Wednesday, July 24, 2013

SOUTH AUSTRALIAN LAW SOCIETY PRESIDENT JOHN WHITE FEARS FOR NEW FINES RECOVERY LAWS PASSED IN PARLIAMENT

LAUREN NOVAK POLITICAL REPORTER The Advertiser July 23, 2013
Fine dodgers can lose house or car
Unpaid fines could cost fine dodgers their house or car under a law just passed by parliament. Source: News Limited
THE homes and vehicles of serial fine dodgers –Note the employment of programming to attempt to influence or shepherd opinion- can be sold by the government to recoup money in extreme cases, even if they are not owned by the offender, -so if the government thinks that you owe them money, they will steal property from an innocent party that has been never accused of anything in this so-called free community– now that new laws –speaking of programming language, lets note how many times this article mischievously redefines a statute as a law. This isn't a complete lie because a statute is formally called a piece of statutory legislation, or, a statutory law, it is in fact a lie of omission– have been approved by Parliament.
Did you elect these politician's to steal from innocent people so they can balance the books of business' whose sole purpose to harm members of the community?
The laws –2– allow officers of a new government fines recovery unit to sell a debtor's home or place of residence if they owe more than $10,000.
Is this an attempt to create poverty and dependancy on the government? Are we serfs living on a quasi-governmental estate subject to the whims of landed gentry? 
This includes properties that may be jointly owned by another person.
Is this socialism in disguise? What else does does the nanny state racist government want to do for the people? 
They can also clamp, impound or sell vehicles used to commit crimes that attract a fine, regardless of the owner.
So someone steals your car and speeds, or violates some arbitrary offence with no victim and the government wants to punish YOU. With no accusation. No presumption of innocence. No trial. Not even a star chamber. This is not freedom. This isn't even close to freedom. This is beyond the pale.
This could mean employers, parents, children or partners of offenders could lose their car if someone they know or employ breaks the law and is caught while driving their vehicle.
They could also lose their home or their business.
SA Law Society
SA Law Society president John White called on the government to retain its original policy that a debtor's house cannot be sold, no matter how much was owed.
The new laws, –3– which passed Parliament's Upper House this afternoon, are expected to receive final approval from Lower House MPs before becoming law –4– soon. They create the Fines Enforcement and Recovery Office, which will employ about 85 full-time staff –are they wanting to raise extra revenue to pay for this new business venture and associated costs such as wages?– to recover unpaid fines, many of whom will be transferred from the Courts Administration Authority.
What authority do public servants like the courts and politicians actually have to harm innocent people whom they are handsomely paid to serve?
They will have the power to withdraw money from the bank accounts of serial fine dodgers –there is that phrase again, i'm surprised that they haven't used the other programming word Rupert Murdoch's journo's love to employ in these type of articles; "hoon"– or dock their weekly wages.
The total money owed to government has reached about $287 million.
That is a claim and it is important to mention that the Murdoch press will always employ the word 'claim' when any of us claim that the government owes us money and never employ it when the government claims that we owe them money, such as in this instance. This is an attempt to program us into accepting their claim that the government/courts/police/council have some type of authority over us. The only authority they have is the implied threat of violence that they can wield over us and that threat has just become more explicit.
What are you going to do about it? 
Parliament Question Time
Attorney-General John Rau announced the laws, which in extreme circumstances allow the government to sell property to recover unpaid fines.
The Law Society of SA has raised concerns that the laws –5– will "unjustly impose a burden on someone who was not responsible for the debt".
This is so bad that even the lawyers are complaining!
In a letter to Attorney-General John Rau Society, president John White called on the government to retain its original policy that a debtor's house cannot be sold no matter how much was owed.
Greens MLC Tammy Franks tried to move an amendment to protect a person's primary place of residence from the measures, but it was voted down.
Fake resistance from the political party that according to Bob Brown's plebiscite wants to ban private ownership of private land? If not, then, why did Tammy not go public with this before now? 
In relation to cars, the Law Society says the measures apply to any vehicle the offender "owns or is accustomed to drive or that was used in the commission of an offence".
SA politician
Minister Gail Gago said "any vehicle involved in an offence that led to the debt (fine)" could be subject to the law irrespective of who owned the vehicle.
"Plainly this allows the clamping, impounding and ultimate sale of vehicles that belong to someone other than the debtor," Mr White said.
Government Minister Gail Gago said "any vehicle involved in an offence that led to the debt (fine)" could be subject to the law "irrespective" of who owned the vehicle.
This could potentially apply to stolen cars, but that was "unlikely" in practice, she said.
Is Gail Gago a criminal? a nazi, a communist or both? Have your say in the comment thread below.
Independent MLC John Darley said he did not support the legislation because the penalties it proposed were too harsh. However, it received the support of Liberal MPs.
There is no difference between the terrorists in the Liberal and ALP and they need to be bought to heel.
last nights
Opposition justice spokesman Stephen Wade said unpaid fines are rising at $6 million a month and predicted they would top $416 million in four years.
During debate on the laws, –6– it was revealed the value of unpaid fines owed to the State Government by South Australian debtors has risen to $287 million.
The article is trying to justify the criminal governmental action based on an unproven claim. 
How warm is that bathwater that you are sitting in? 
This includes court fees, victims of crime levies, police expiation notices, overdue council rates and parking fines.
About half the money owed is overdue. The remainder is being paid off under time-payment arrangements or must be paid soon but not yet overdue.
When Mr Rau announced he would introduce the laws –7– in March, $267 million in unpaid fines was owed.
Opposition justice spokesman Stephen Wade said the current figure was more than double the $142 million owed six years ago, despite $171 million in debts being written off between 2010 and last year.
So the government could write off the paper debts, but, would rather harm innocent people.
Mr Wade said Opposition calculations predicted that on current trends unpaid fines would top $416 million in four years.
The amount written off between 2008 and 2017 was predicted to be almost $510 million, he said.
"When the average increase in unpaid fines in recent years is more than $32 million per year, Labor has clearly sent up the white flag on fines," Mr Wade said.
"The rate at which the debt has been growing since this Bill was introduced is $6 million a month or $203,000 a day.
"It is distressing because the money that could have been collected could
have gone a long way to deliver much-needed services that South Australians have gone without."
Notice the word could. That money could have been used that way, or, it could have been used in different ways. In addition, if these services were so important, the government could have made provisions for this spending in the previous budgets, or, they could have used those regular pay rises that they award themselves instead.
This is a cop out and as long as people believe lies, the government/media/police/courts etc will keep telling them. 
In January last year the Government called in private debt collectors Dun &Bradstreet to recover more than $40 million in unpaid fines.
Who paid for this? Shouldn't that money have been used for those so-called "much-needed services" that are only ever important when the governments wants to justify harming you. And, why are these "much-needed services" unnamed?
This morning Ms Gago confirmed only $2.1 million had been recovered over 12 months.
This was because many of the debts were now more than 10 years old and many debtors had changed address and could not be contacted.
Ms Gago said the more than $40 million was owed by about 50,000 people.
Another unproven claim.
She said the Government would not be continuing the arrangement with Dun &Bradstreet.
The company was paid a commission of less than 50 per cent for its work.
Were they paid 49%? Was this in addition to fees? If not then was it a percentage of all claims or just the claims that were paid. 
This is important because it means that they were paid either, approximately ONE MILLION DOLLARS, or, about TWENTY MILLION DOLLARS.
Is this the reason why the government wants to harm the community more than they are at present? Because they have a twenty million dollar debt to pay off? 
Mr Rau has said the new fines enforcement taskforce is expected to recoup about $2.8 million in unpaid fines each year.
And they also expected that Dun & Bradstreet would recoup over forty million dollars so we should not have too much confidence in their economic forecasts.
They also seem to think that is reasonable to punish innocent people without trial. Of course, this is a default government setting.  
However, it is expected to spend $10.4 million each year from 2015-16.
More economic logic from the government: We want to spend $10.4 million every year to make $2.8 million every year. 
Is the government really that stupid?
Or are they lying? And why hasn't this discrepancy been reported in this article?   
This includes $1.4 million in new funding and $8.6 million in funding already going to the Courts Administration Authority.
i wonder if this is really a financial scam. i wonder how much more money they will throw at this black hole.

The state's largest debtor owes $171,000. Another unproven claim to finish off. i shall finish off by asking what type of action requires a $171,000 fine? Feet on the seat of a tram? Drunk and disorderly? Not having a licence to 'drive' a car? This financial claim has been inflated by increases that the government puts on to these claims itself. For its own benefit. And they want to steal and hurt innocent people in the process. 
WHERE DOES IT END? HOW MUCH IS ENOUGH?
Mikiverse Law thinks it is time that these criminals are publicly named and shamed. What about you?
m.adelaidenow.com.au/news/south-australia/south-australian-law-society-president-john-white-fears-for-new-fines-recovery-laws-passed-in-parliament/story-fni6uo1m-1226683754480
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2 comments:

  1. As a CONSTITUTIONALIST I am at the forefront of constitutional rights. This includes the right of an impartial (if there is such a thing) judiciary deciding upon disputes between a state and a citizen.
    My blog www.scribd.com/inspectorrikati indicates the battle I have taken on in Victoria to expose the rot there.
    The government cannot claim monies are owed unless and until an accused has been provided with an opportunity to present his claim s, etc, before a court, and a judicial officer having heard both sides then makes an impartial decision. Government are nothing but tyrants/dictators/oppressors if they set up a system that denies a citizen their basic constitutional rights. if you allow this kind of conduct to flourish then soon or later their rule is law and courts are no longer needed, other then to operate as STAR CHAMBER COURTS.

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    Replies
    1. Agreed.

      As you are no doubt aware, no one is entitled to punishment before conviction, and Halsbury's laws of Australia speaks to the need for consent in summary matters. i have had a few battles with them myself in their Victorian jurisdiction and have found it to be more about conditioning people to accept the force of their authority than any attempt at fairness or reason.

      i have been meaning to include your webpage in my links section, so, now that it is on my mind, i'll take care of that.

      Delete