VIC Vic roads saying I have to complete a course the courts never ordered?

[Ale]

Hi, my partner went to court and got 12 months suspended licence and has to do a “ road trauma awareness course through amber community” as noted on the court paperwork.
A few weeks after this he received a letter in the mail from vic roads claiming he has to complete a “ road safety program”.
There is no documentation on the court order that he has to complete 2 seperate courses. The one he was ordered to do is $300 the one vic roads claims he has to do is $800+
We received a second letter a few weeks ago saying his licence has been “ indefinitely suspended” due to not completing this apparent course within the required time frame. We contacted vic roads and they said he had to complete it, I told them that the court paperwork doesn’t state to complete this course, and the person confirmed that the one ordered via amber community is not relevant to vic roads. I escalated this to a complaint with vic roads and I told them I will be contacting the ombudsman as I believe someone has made an error here.

My question is: if he was apparently supposed to do this course wouldn’t it be clearly documented on the court paperwork? ( it isn’t, only the different course about the Amber community is)
Where to go from here? I’m waiting to hear back from the vic roads safe driving program person she said she would investigate but I have told them I’m going to go to the ombudsman if this isn’t sorted.

Are we missing something or has anyone else had something similar? How can vic roads claim he needs to do a course that is not documented on the court paperwork and how can they then indefinitely suspend a licence when the court paperwork clearly says 12 months ?

Thanks!

 

[Rod]

wouldn’t it be clearly documented on the court paperwork?

No. Courts have no power to alter the mandatory sanction sections in the Road Safety Act and Regs.

Making mandatory 'sentencing laws' is bad.

Where to go from here?

What was the charge in court. Tell me the Road Safety Act section and subsection he was found guilty of at court.

I suspect the driver will likely have to do the course. Was he represented at court by a lawyer?

How can vic roads claim he needs to do a course that is not documented on the court paperwork and how can they then indefinitely suspend a licence when the court paperwork clearly says 12 months ?

Because the Road Safety Act allows it.

 

[Ale]

No. Courts have no power to alter the mandatory sanction sections in the Road Safety Act and Regs.

Making mandatory 'sentencing laws' is bad.



What was the charge in court. Tell me the Road Safety Act section and subsection he was found guilty of at court.

I suspect the driver will likely have to do the course. Was he represented at court by a lawyer?



Because the Road Safety Act allows it.

Thanks, was alleged to be doing 45km or more over speed limit. My question still remains though - it’s a 12 month suspension plus a course with Amber community, if he was to do ANOTHER course this should be written on the paperwork? So why wasn’t it? I specifically asked them in court about this course they said it’s not a vic roads course and to google it.

 

[Ale]

Thanks, was alleged to be doing 45km or more over speed limit. My question still remains though - it’s a 12 month suspension plus a course with Amber community, if he was to do ANOTHER course this should be written on the paperwork? So why wasn’t it? I specifically asked them in court about this course they said it’s not a vic roads course and to google it.

No lawyer,

 

[Rod]

Tell me the Road Safety Act section and subsection he was found guilty of at court.

It will be in the police brief. Could be speeding, or could be careless driving (because of the excess speed).

 

[Ale]

No idea, where do I find that? It was speeding that’s it

 

[Rod]

Look at the police brief. It will be on the page that also says 'charge 1'.

I am assuming one one charge. If multiple charges, list them all.

 

[Ale]

Don’t have it, got rid of it months ago.
In some other court paper just says exceed 100km speed limit sign by 45kms or more x4

 

[Rod]

The court paperwork may show it, been a little while since I looked at court orders for a traffic offence.

Hmm, 45km/h x4 likely means 4 charges.

 

[Ale]

Yep does that matter? Why does he have to do a course that’s not ordered on the court paperwork?