November 29, 2012

Three hits at the hip pocket

Update 21 January 2013
Mail to the Attorney General is disappearing off the face of the earth.
Main questions 
How has the $6 million raised by the Ministers Offender Levy been spent?
Does he believe it is a constitutionally valid charge on those found guilty when they are already fined and subject to Police Court Costs?
Do Magistrates and Judges have discretion to impose restitution on offenders?
The offender levy is based on the New Zealand model, is he aware if they impose court costs on offenders?
What feedback has he received from SPER about the challenges of administering the various levies on offenders?
What feedback has he received from the Court System about the administration of the levy?
What is the value of the unpaid offender levies that are in the hands of SPER?


end 

Queensland's Attorney General says a 'levy', Ellen Pea copied from the NZ government imposing a third cost on criminals is not a tax. The 'Million a Month' revenue raiser introduced by the Liberal Nationals came at the same time as an increase in fines imposed by the courts. The LNP wants three hits at those found guilty - a fine, Police costs and an offender 'levy', which is not a tax. The Attorney has not been willing to confirm how well the offender levy (not a tax) is meeting his prediction of being in the LNP's  million a month revenue raising club.  The scheme was rushed through state parliament with opposition from organisations that should be listened to about legal matters. 

Update ... Still trying to get an answer from the Attorney General :

10 January 2013
 Offender Levy

(a) The Attorney General gave an undertaking that the offender levy would raise more than $12 million a year. Please advise how much has been raised by the levy up to 31 December 2012.
(b) I have not had a satisfactory explanation of why retrospective legislation was appropriate for those who were in the court system before the levy was introduced. They should not have been subject to a third penalty for their crimes.
(c) What feedback has the Attorney General received from the courts and SPER regarding the impact of an extra levy on their workload?
(d) Who was the LNP's champion of this legislation? I presume it was copied from New Zealand. Was it a proposal within the Department of Attorney General before the LNP won office?
(e) How have the $4.5 million proceeds been directed to the purposes for which the Attorney General said it would be used?
(f) could you provide the legal advice the Attorney General obtained to confirm it is appropriate for the imposition of a third penalty - the fine, Police costs and the levy?

I believe the offender levy is another form of intimidation to discourage people from exercising their right to take a matter to court.
Queensland Police are quick to intimidate those challenging an infringement notice with the threat of large witness costs.
There was no advice provided to those in the system that they will have the added penalty of the offender levy.
I believe that one fine should be imposed and that the total amount should be able to be worked off as community service.

Regards
Phillip Young
47Cornfower St
Mansfield 4122
Ph 0421 796922 

No comments: