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[VIC] How does the F.O.I. thing work?

Discussion in 'Politics, Laws, Government & Insurance' started by MV, Sep 20, 2010.

  1. My common sense failed me on the weekend, as a result I had a short discussion with a policeman in an unmarked car on the weekend which didn't turn out too well for me. I don't want to go into too much detail yet, but I have a few questions re the Freedom of Information laws:

    Say, for example I wanted to obtain a video from said police car, can it be done?

    If so, how?

    Would I need to take the matter to court first in order to obtain the video?

    (Do unmarked cars in Vic even have video?)

    Thanks in advance!
  2. As a general rule, I believe that only "Highway Patrol" cars have ICV. Not sure about the "stealth" cars, someone could answer that.

    Obtaining video can be done, but only if you choose to fight the matter in court.
    Once you choose this option, the police have to supply a "brief" of evidence before the time of the first hearing in the Magistrates Court.
    Beware though that whilst the rules say they have to, they have been known to "forget" or "mislay" evidence. Not often I must admit, but they tend to do it more to unrepresented defendants. Why? Because in the main the unrepresented defendant doesn't know the rules.
    You should request that the ICV be part of the evidence.

    If they don't supply it they can't rely on it later as evidence at court.
    If you choose to go the "contested" route, see a solicitor, or at least talk to one.
  3. Top effort, thanks Tramp.

    Uh...If the video was admitted, & there were further incriminating actions that weren't originally raised, could they then be raised also?
  4. Mmmm ....
    Evidence can only be admitted it it is relevant to the charge for which you are appearing and if it's probative value out weighs any other predjudicial "bias" it may cause you.

    Eg: A Video of you punching out "Mr Plod" could not be admitted in a speeding ticket case.
    It could (and would) be admitted in the charge of "assault police" that would also follow!! :-s
  5. Touche. No nothing like that, but lack of use of indicators was mentioned, but nothing written up.
  6. If it's not on the ticket, it's not an issue (now).
    Be aware that if you choose to contest it some (not all) Plod then start "finding" charges. They have up until the first hearing (mention) to add / subtract charges.

    Sometimes it's better to just pay "the man".
    Obviously, if a licence is at stake, or more serious charges are at issue it can be worth fighting.
  7. Ok, something to think about anyway. I guess I better go & see a law man.

    Thanks for the advice Tramp, informative as ever.

  8. PM Sent.
  9. Thanks for the chat mate, cleared up a lot of info.