Useful contacts and sample letters

Note: Community workers, financial counsellors and lawyers can use a special hotline number to speak with Revenue NSW about clients with fines debt. To use the hotline you must be a registered advocate. To become a registered advocate, you apply online through the Revenue NSW website: www.revenue.nsw.gov.au/fines-and-fees/advocates

The Fines Act 1996 (NSW) and other laws and regulations referred to in this book can be found at:

• www.austlii.edu.au
• www.legislation.nsw.gov.au

GLOSSARY

Approved organisation/person: A person or body approved to supervise and administer WDOs by the Secretary of the Department of Communities and Justice (DCJ).

Centrepay: A free service allowing payments to made directly from Centrelink benefits.

Charge on land: An indication on the lands register that there is an interest to the value of the outstanding fine existing over the property.

CLC: Community Legal Centre.

Examination summons: An order for a person to attend court to answer questions and supply information.

Garnishee order: Where a third party, such as a bank or employer, holds funds on a fine defaulter’s behalf. In certain circumstances, Revenue NSW can make a garnishee order directing that third party to pay Revenue NSW from the fine defaulter’s funds.

HRB (Hardship Review Board): A division of the NSW Treasury with the authority to review a decision made by Revenue NSW in circumstances of genuine serious financial, medical or domestic circumstances, or a combination of these.

NSW Ombudsman: An independent review body that deals with complaints against acts, decisions and omissions of most NSW Government departments and agencies.

Property seizure order: An order issued by Revenue NSW giving the NSW Sheriff the power to seize a fine defaulter’s goods or property and auction them to raise money to pay the fine.

Service NSW: The NSW Government agency that provides one-stop access to NSW government services through their website, by phone or in-person at service centres. For a list of all services offered through Service NSW go to this web page – www.service.nsw.gov.au/service-nsw-information-guide

Transport for NSW: The NSW Government agency responsible for improving road safety, testing and licensing drivers, registering vehicles and managing the state road network.

Here are some sample letters. Please note that these are only intended to be used as a guide. Letters and forms should always be tailored to your specific circumstances.

Contact LawAccess NSW to get help with preparing letters.

01 October 20XX

The Director
Revenue NSW
GPO Box 4042
Sydney NSW 2001

Dear Sir/Madam

Application for review of speeding fines 11223344, 33445566 and 55667788, and camera-detected red light fine 99887766.

I am writing to apply for internal review of the fines listed above because of the following special circumstances.

I own the vehicle with registration number ABC 123, which is the vehicle the fine relate to, but I was not the driver when the offences were committed. My vehicle was stolen from the street outside my home at 789 XYZ Street, Sydney NSW 2000 on 27 August 20XX. I have enclosed copies of the police report I filed on 28 August 20XX and of the letter I sent on 2 September 20XX to the NRMA asking to make a claim under my insurance policy. The NSW police have given me Event Number 9999999 in relation to the theft of my vehicle.

As your records show, these penalty notices were all given after 27 August 20XX, so I could not have been the driver of the vehicle when they were given. I don’t know who was driving the vehicle at those times.

Transport for NSW records will show that I have had a clear driving record since I got my NSW driver licence 7 years ago. I have also enclosed a certified copy of my traffic record from Vic Roads, which shows that I had a clean driving record for 10 years in Victoria.

I am asking you to:

• withdraw fines 11223344, 33445566, 55667788 and 99887766; and
• remove any demerit points on my driving record in relation to these penalty notices.

If you have any questions, please contact me on 9786 5342.

Yours sincerely,

Jo Bloggs

Additional information you could supply to Revenue NSW:

I suffer from severe back problems and depression. I was hospitalised four months ago for my back problems, which were caused by injuries that happened 3 years ago. My doctor believes that I am unlikely to be fit to return to any kind of work in the next 18 months, so I cannot do unpaid work under a Work and Development Order. Because of my medical condition and because I was a bricklayer, I am not likely to be able to get full-time work unless there is a great improvement in my condition. I have enclosed a medical report from Dr Fisher.

I am also having psychiatric treatment. This is because of a court order. This treatment is not suitable for a Work and Development Order. My psychiatrist, Dr Goldsmith, has been treating me since 02 February 20XX for depression, which is caused by my marriage break-up and the divorce. I have enclosed Dr Goldsmith’s report.

I live with my 4-year-old daughter. I share arrangements for my daughter with my ex-wife. I am unemployed and have been on Centrelink benefits since 15 March 20XX. I have enclosed a Statement of Financial Circumstances, which says that I get $578.00 a fortnight, and shows that it is spent on rent, food, medical expenses, schooling costs, transport and loan repayments to Ram Loans & Credit. The loan repayments are for a car, which I have to have because of my back problems. I have enclosed supporting documents, including a letter from Centrelink and my car registration.

I don’t own anything of value, except furniture and personal effects, that I can sell to pay my fines, and I don’t have family or friends who can help me financially. I feel it is unlikely that I will be able to pay off my debt to Revenue NSW, or manage a payment plan, in the next 12-18 months.

I know that you can only write off the payment of fines in extreme circumstances, but I think it would be the right thing to do in my case. I would also like to ask for all proceedings against me to be stopped while you make your decision on this application.

If you have any questions about this, please call me on 9876 5432.

Yours sincerely,

Jo Bloggs

01 October 20XX

The Director
Revenue NSW
GPO Box 4042

Sydney NSW 2001

Dear Sir/Madam

Application for stay of overdue fines 99887766 and 11223344.

I live at [insert address]. I am asking for an urgent hold of these overdue fines. Transport for NSW has put restrictions on my driver licence and there is a property seizure order from 30 April 20XX.

I am 31 and used to work as a labourer. I injured my spine playing rugby 18 months ago and have not been able to work as a labourer since then. At the moment, my expenses are more than my income. I am on a disability support pension, and I need extra help from community charities and my family and friends to cover my living costs.

I am having treatment from a physiotherapist, Melissa Black, and an occupational therapist, Jennifer Lau. I also get home assistance from a Community Health caseworker, Ms Isabelle Smith. I have enclosed letters from Ms Black and Ms Smith that give their opinions about my recovery and return to work. Like them, I am confident I will be able to go back to full-time work within the next 6 months.

I am in the middle of writing a Statement of Financial Circumstances and I have asked for a report from my doctor and my financial counsellor. I will send copies to you as soon as they arrive.

I would like these overdue fines put on hold until I am in a position to set up a payment plan with Revenue NSW, which will be as soon as I am well enough to look for work. I am also asking you to lift the Transport for NSW restrictions until I have sent in a payment plan application.

If you have any questions or need more information, please call me on 9234 5678.

Yours sincerely,

Jo Bloggs

01 October 20XX

Fines Hardship Review Board
PO Box A2571
Sydney South NSW 1235

Dear Sir/Madam

Request for review of Revenue NSW decision on a payment plan application

I applied for a payment plan to pay overdue fine 111222333 in instalments. My application was approved, but the payments have been set at a higher rate than I asked for and I cannot pay them at that rate.

I am asking for the Hardship Review Board (HRB) to review Revenue’s decision and reduce my fortnightly payments to $20.00, which is what I asked for in the original application. Here are my reasons.

I suffer from severe osteoarthritis and pain in my shoulders caused by age and a work-related injury that happened 2 years ago. My doctor, Dr Jordan, thinks I am unlikely to be fit to return to my previous work (as a truck driver) in the next 18 months. I have enclosed a medical report from Dr Jordan.

At the moment, I am on worker’s compensation. I get $600.00 a fortnight, and it is all used for food, medical expenses, transport and mortgage payments (to the Commonwealth Bank). I have enclosed copies of letters from SafeWork NSW accepting my claim and bank statements from the last 3 months.

I am also struggling because my wife died not long ago and I am still paying for the funeral. I have to pay it on my own because I have no family or friends who can help me financially.

All this means that I can’t stick to the payment schedule in the payment plan. I am asking the board to reduce my instalments to $20.00 per fortnight.

Also, I am asking you to suspend any recovery action against me while you are reviewing my application.

If you have any questions, please call me on 9876 5432.

Yours sincerely,

Jo Bloggs