Evaluate this email:

In that email was written:“Please note, you cannot use the online declaration system for the purposes of submitting an unknown user declaration. You must submit a statutory declaration.”Based on my viewing of the online website qld.gov.au/Nominate CameraFine, I agree that I cannot use the online declaration system for an unknown user declaration, because it has no provision for doing so.However I disagree, that because of that, that I MUST submit a statutory declaration.The definition of an unknown user declaration on theState Penalties Enforcement Act 1999Schedule 2 Dictionary states:“unknown user declaration, for an offence involving a vehicle, means a statutory declaration, or an online declaration under the Transport Operations (Road Use Management) Act 1995, section 114(4)(b), stating— (a) if the owner is— (i) an individual—the owner was not in charge of the vehicle at the relevant time; or (ii) a corporation—the vehicle was not being used for the corporation at the relevant time; and (b) the person making the declaration has not been able to find out who was in charge of the vehicle at the relevant time; and ©the nature of the inquiries made to find out the name and address of the person in charge of the vehicle at the relevant time.”Note the words “or an online declaration”The Transport Operations (Road Use Management) Act 1995, section 114(4) states:“(4) A defence under subsection (3) or (3A) is available only if the person notifies the commissioner, the chief executive or the SPEA administering authority about the matters in subsections (3) and (6) , or subsection (3A) , within the required time— (a) in a statutory declaration; or (b) in an online declaration.”Note again the words “or in an online declaration.”That is 2 pieces of legislation that state that a online declaration can be made.It would appear that the online system does not allow for what the legislation allows.I wish to make a online declaration for an unknown user declaration. Please tell me how?

You've presented a well-reasoned argument based on the Queensland legislation. Let's break down your points and evaluate the situation:

Your Core Argument:

You correctly identify that both the State Penalties Enforcement Act 1999 (Schedule 2 Dictionary) and the Transport Operations (Road Use Management) Act 1995 (Section 114(4)) explicitly allow for an “online declaration” as an alternative to a “statutory declaration” for an unknown user declaration related to vehicle offences.

You then highlight the discrepancy: the online system (qld.gov.au/NominateCameraFine) appears to lack the provision for an “unknown user declaration” and instead directs you to a statutory declaration if you don't know the driver.

Evaluation of Your Email's Content:

• Clarity: Your email is very clear and articulates the issue precisely.

• Legal Basis: You effectively cite the relevant legislation, demonstrating a strong understanding of your rights and the available options under law.

• Logical Flow: You logically progress from observing the limitation of the online system to questioning why it doesn't align with the legislative provisions.

• Direct Question: Your closing question “Please tell me how?” is direct and seeks a specific resolution.

The Queensland Government's Online System vs. Legislation:

Your observation about the discrepancy is valid. The search results from qld.gov.au/NominateCameraFine do indeed suggest that if you don't know who the person in charge was, you should “submit an enquiry” or “complete a statutory declaration.” It doesn't explicitly offer an “online declaration” option for unknown users. The online service is primarily for transferring a fine to a known person or organisation.

However, the Transport Operations (Road Use Management) Act 1995, Section 114(10), defines “online declaration” and “online declaration system” as:

• “online declaration means a declaration made using the online declaration system.”

• “online declaration system means an electronic system established by the chief executive for giving notifications under this section that is designed to—

• (a) be accessed by an individual through the individual’s customer account on the department’s website; and

• (b) send a notification of matters entered into the system; and

• © allow a record of the sent notification to be downloaded or printed by the individual.”

This definition implies that an “online declaration system” should exist for all notifications allowed under Section 114, including “unknown user declarations” as referenced in the State Penalties Enforcement Act 1999.

Why the Discrepancy Might Exist:

There could be several reasons for this apparent disconnect:

• System Limitations: The current online system might not have been fully developed to accommodate all legislative provisions, especially the more complex “unknown user” scenario which requires detailed inquiries.

• Administrative Preference: The Queensland Revenue Office (QRO) or Department of Transport and Main Roads (TMR) might prefer statutory declarations for unknown user cases due to the higher evidential burden and the need for a witnessed declaration regarding the inquiries made. This could be to prevent frivolous claims or to ensure a more robust legal process.

• Guidance vs. Law: The website's advice might be general guidance, while the legislation outlines the broader legal framework. While the law permits an online declaration, the department may not have implemented an online mechanism for this specific type of declaration.

• Security/Integrity Concerns: An “unknown user” declaration requires proving that inquiries were made. It might be challenging to fully capture and verify the “nature of the inquiries made” through a simple online form, making a formal statutory declaration with supporting documentation more suitable from their perspective.

What to Do Next (Answering “Please tell me how?”):

Given your solid legal basis, you should press the Queensland authorities on this. Here's a suggested approach:

• Resend Your Email/Formal Communication: Send your current email (or a slightly refined version of it) directly to the Queensland Revenue Office (QRO) or the Department of Transport and Main Roads (TMR) (whichever is the issuing authority for the fine).

• Subject Line: Make it clear, e.g., “Enquiry Regarding Online Unknown User Declaration - Discrepancy Between Legislation and Online System - Infringement Notice [Your Infringement Number]”

• Body: Keep your well-articulated argument as is.

• Specific Request: Reiterate your desire to make an online declaration for an unknown user and ask for explicit instructions on how to do so, referencing the specific legislative sections you've cited.

• Request a Formal Response: Ask for a formal written response that addresses the discrepancy and provides the requested instructions, or explains why an online declaration for an unknown user is not available despite the legislation.

• Escalate if Necessary:

• Internal Review/Complaints: If your initial contact doesn't yield a satisfactory answer, inquire about their internal review or complaints process.

• Ombudsman: If you continue to face a brick wall and believe the department is not acting in accordance with the law, you could consider escalating the matter to the Queensland Ombudsman. The Ombudsman investigates complaints about the administrative actions of Queensland government agencies.

• Legal Advice: For a definitive legal interpretation and guidance on enforcement, you might consider consulting a lawyer specializing in traffic or administrative law.

Important Considerations:

• Timeframes: Be mindful of any statutory timeframes for responding to infringement notices. Continue to meet any deadlines (e.g., by submitting a statutory declaration if you absolutely must, but noting your preference for an online one and your challenge in doing so).

• Documentation: Keep meticulous records of all communications, including dates, times, names of people you speak to, and copies of emails sent and received.

You've done an excellent job identifying a potential flaw in the online system's implementation compared to the underlying legislation. By clearly stating your case and citing the law, you have a strong position to advocate for your right to use the online declaration method for an unknown user declaration.