What are the functions of the Road Safety Camera Commissioner?

Section 10 of the Road Safety Camera Commissioner Act 2011 provides for the Road Safety Camera Commissioner to perform various functions.  These functions include:

  • to undertake, at least annually, reviews and assessments of the accuracy of the road safety camera system in order to monitor compliance of the system with the requirements of the Road Safety Act 1986 and regulations made under that Act;
  • to undertake, at least annually, reviews and assessments of the information about the road safety camera system that is made available to the public by the Department of Justice;
  • to undertake investigations requested or agreed to by the Minister into the integrity, accuracy or efficiency of the road safety camera system;
  • to receive complaints concerning any aspect of the road safety camera system and—
    • if appropriate, to refer a complaint to an appropriate person or body for further action; or
    • to provide information on the available avenues for resolution of a complaint;
  • to investigate complaints received by the Commissioner that appear to indicate a problem with the road safety camera system and to make recommendations to the Minister to address any systemic issues identified;
  • to investigate any matter in relation to the road safety camera system that the Minister refers to the Commissioner;
  • to provide advice to the Minister on any matter in relation to the road safety camera system;
  • to refer appropriate matters to the Reference Group for research and advice;
  • to keep records of investigations undertaken and complaints received by the Commissioner and the action taken in response, if any;
  • to make available to the Minister, on request, the records of investigations undertaken and complaints received; and
  • any other function conferred on the Commissioner by or under this or any other Act.
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Who can lodge a complaint with the Road Safety Camera Commissioner?

Any person or body, or a representative of that person or body, that is aggrieved by the road safety camera system, can make a complaint to the Road Safety Camera Commissioner.

All complaints to the Road Safety Camera Commissioner MUST be made in writing, by either letter or email, as required by the Road Safety Camera Commissioner Act 2011.

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How do I make a complaint?

If you wish to make a complaint regarding a systemic issue to the Commissioner, you can put your complaint in writing and forward it to:

Email:

commissioner@cameracommissioner.vic.gov.au

Post:

Road Safety Camera Commissioner

Locked Bag 14 Collins Street East

MELBOURNE  VIC  3001

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What type of complaints can I send to the Road Safety Camera Commissioner?

The Commissioner’s task is to investigate complaints about the road safety camera system itself. This means that he may investigate an issue where one or more individual complaints point to a “systemic” problem requiring attention.

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Can the Road Safety Camera Commissioner review the decision to issue a traffic infringement notice?

No.  The Road Safety Camera Commissioner does not have the power to review the decision to issue a traffic infringement notice.  Victoria Police is the only Body with the power to review the decision to issue a traffic infringement notice. To have an infringement reviewed, you must write to Civic Compliance Victoria at:

Civic Compliance Victoria
GPO Box 1916
Melbourne VIC 3001

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Is there any leniency for prior good driving behaviour if I receive a traffic infringement notice?

Yes, there is leniency is some cases. You may apply to Victoria Police for an internal review of your infringement notice. Victoria Police may choose to withdraw an infringement notice and issue an Official Warning if you have a record of good driving behaviour or there were exceptional circumstances surrounding an infringement notice.

There are some criteria that you must meet in order to be eligible for an Official Warning. The criteria and the process that you should follow to apply for an Official Warning are found on the Victoria Police website.

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Can the Road Safety Camera Commissioner withdraw a traffic infringement notice?

No.  The Road Safety Camera Commissioner does not have the power to withdraw a traffic infringement notice.  Victoria Police is the only body with the power to withdraw a traffic infringement notice through an internal review.

You may apply for an internal review of an infringement notice by writing to:

Civic Compliance Victoria
GPO Box 1916
Melbourne VIC 3001

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Can the Road Safety Camera Commissioner put a traffic infringement notice on hold while a complaint is being dealt with?

No.  The Road Safety Camera Commissioner does not have the power to put your traffic infringement notice on hold while your complaint is being dealt with.

If you would like to have any traffic infringement notice put on hold, you must make this request through Civic Compliance at:

Civic Compliance Victoria
GPO Box 1916
Melbourne VIC 3001

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Can the Road Safety Camera Commissioner extend the date for payment of a traffic infringement notice?

If you have any outstanding fines, you may wish to contact Civic Compliance Victoria to request a possible extension of time to pay your infringement penalty, to avoid incurring any additional fees while your matter is being investigated.

You can contact Civic Compliance Victoria on (03) 9200 8111 (Metropolitan Melbourne) or 1300 369 819 (Regional Victoria) between 8.00am and 9.00pm, Monday to Friday (excluding public holidays) to request a possible extension of time.

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What can the Commissioner do about faulty road safety cameras?

At least once a year, the Commissioner must check the accuracy and reliability of road safety cameras. At any time the Commissioner may also undertake investigations into the integrity, accuracy or efficiency of the road safety camera system.

The Commissioner may also investigate any complaints made about the camera system, relating to potential system issues.

The Commissioner must report on his findings annually to Parliament, and at any time may report to the Minister for Police and Emergency Services with recommendations to address any issues found.

The Commissioner must keep records of any investigations undertaken and complaints received.

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What will the Commissioner do with complaints about the camera system?

The Commissioner has the power to accept complaints about any road safety camera system and conduct investigations for any systemic issues that may be present in the system. Complaints can be submitted by, or on behalf of, any person who is aggrieved by the system.

The Commissioner may also initiate an investigation of any road safety camera system at any time. The Commissioner can then make recommendations to the Minister for Police and Emergency Services based on his findings.

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If the Commissioner is not investigating individual infringements, how will systemic problems be discovered?

The Commissioner keeps a record of all complaints received and is familiar with each complaint, even though a complaint may be referred to another agency for further action.

If, for example, there is a discernible pattern in the type of complaints that are made, or a particularly high number of complaints about one location or camera system, then the Commissioner could start an investigation into that issue, location or system, and make recommendations to the Minister for Police and Emergency Services.

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