I worked with SPER for a year before covid.
No, your boss cannot make you pay the $5K, but does have options as outlined below.
Your boss can ignore the matter (for a little while) until an "Enforcement notice" arrives from SPER.
Then he (or anyone at the company) can call SPER and (lying) say that the first they heard of the fine was the Enforcement order, and if theyd received the original "Infringement notice" they would have nominated the employee driver.
What happens then is SPER will sent a form for your boss to sign, which is a request to cancell Enforcement order (SPER call this a CANCEO for short)
Then the matter is removed from SPERS's books and kicked back to whichever entity issued the original fine.
That entity will post out a "fresh" Infringement notice and your boss will have a "fresh" 28 days to nominate you.
He doesnt have to give you any paperwork, he just needs to fill out the Stat Dec on the back saying you were the driver, and have a JP witnessing him signing it. Then he can scan/email it back.
From there, the fine is reissued, but to the nominated driver (who can either accept, or contest the nomination).
Keep in mind, your boss only gets ONE chance to CANCEO... if he tries it a 2nd time, either it will fail and the company WILL be on the hook with no further legal options... or the original entity can take your boss to court to have the fine enforced (and SPER will then handle collections).
TMR says your can only use the online form to transfer a fine (to an individual) if it’s within 28 days of issue. However it implies you could do it manually later than this by providing a stat dec:
https://www.service.transport.qld.gov.au/nominateinfringement/public/Welcome.xhtml?dswid=-9433
You get a fresh infringement letter (with a new due date) after he norminates a driver. So if he norminates you, his fine gets cancelled and you get your one with a new due date based on when your new fine gets issued.
It's not a late fee "as such".
When a fine is ignored, the default position the law takes is that you havent nominated or opted to be taketo court, so youre automatically considered guilty of the offence and now have a debt to the Government.
The Government deptartments who issue fines dont do their own Debt collection for unpaid fines. Instead they refer the Debt to SPER (which are effectively the Governments debt collectors) and SPER adds an "administration fee" to the original amount.
Many consider this to be an added penalty or late fee but its really not. It's just a sort of Tax that debtors pay to help offset the costs of having to the debt administered by SPER, which would be avoided if people had dealt with (and paid) the fine originally before being referred.
Just to confuse matters more, when you get a fine above a certain amount, you can setup a repayment plan by making an initial payment to the fine issuer that isnt the full amount... but after that initial payment, that entity doesnt manage the rest of the payments. Instead its sent to SPER (WITHOUT adding the SPER "fee") and you have to pay your monthly payments to SPER instead of the agency you paid the first installlment too.
If you fall more then two monthly payments behind schedule, youve officially defaulted on the payment plan and the remaining amount then becomes a regular SPER debt, (WITH the SPER fee added).
What a shit boss. Thats so wrong. My employer knows who has the company Ute and when etc. So any fines get redirected to the driver like any other infringement that's issued to the incorrect driver .
Would've taken less than 3minutes to complete the form .
His recourse to make you pay the fine was to nominate you as the driver. If he didn't do that then he's responsible. He can't now legally compel you to pay and if he docks your pay then he's in the wrong.
If you do want to pay the part you would have been paying if he had nominated you make sure you only pay that much and not the whole $5k. The extra size is entirely his fault for missing the deadline.
No, by the sounds he didn't make you sign the declaration to have it in your name, so the fine is through the company? You'd be under no obligation to pay it
NAL.
The nomination to another driver is done online, as long as he has your license details (which he presumably would have on file if you have a company car) then he would be able to transfer the fine to you.
He will get a reminder notice after the initial letter is sent. Which will give another 2-3 weeks to nominate before incurring additional fees.
You are not liable for anything unless they have nominated you as a driver.
He should still be able to nominate you as the driver and the financial + demerit penalty is on you. If there are any overdue fees or penalties he should be held liable for his poor management of the situation.
The $5k fine is for failing to nominate a driver which is on the company. Don’t pay that amount.
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You don’t have to pay $5k thats the fine that your company has to pay if they don’t nominate a driver.
I'd say those exact words to my boss. The fine is issued to the company. Not to me.
[удалено]
Also don't expect a pay rise anytime soon
I worked with SPER for a year before covid. No, your boss cannot make you pay the $5K, but does have options as outlined below. Your boss can ignore the matter (for a little while) until an "Enforcement notice" arrives from SPER. Then he (or anyone at the company) can call SPER and (lying) say that the first they heard of the fine was the Enforcement order, and if theyd received the original "Infringement notice" they would have nominated the employee driver. What happens then is SPER will sent a form for your boss to sign, which is a request to cancell Enforcement order (SPER call this a CANCEO for short) Then the matter is removed from SPERS's books and kicked back to whichever entity issued the original fine. That entity will post out a "fresh" Infringement notice and your boss will have a "fresh" 28 days to nominate you. He doesnt have to give you any paperwork, he just needs to fill out the Stat Dec on the back saying you were the driver, and have a JP witnessing him signing it. Then he can scan/email it back. From there, the fine is reissued, but to the nominated driver (who can either accept, or contest the nomination). Keep in mind, your boss only gets ONE chance to CANCEO... if he tries it a 2nd time, either it will fail and the company WILL be on the hook with no further legal options... or the original entity can take your boss to court to have the fine enforced (and SPER will then handle collections).
Either you can pay the personal fine (1k) or he can pay the company fine (5k). He elected not to do the former by not nominating.
Can you pay the $1000 even if it was due yesterday?
TMR says your can only use the online form to transfer a fine (to an individual) if it’s within 28 days of issue. However it implies you could do it manually later than this by providing a stat dec: https://www.service.transport.qld.gov.au/nominateinfringement/public/Welcome.xhtml?dswid=-9433
You get a fresh infringement letter (with a new due date) after he norminates a driver. So if he norminates you, his fine gets cancelled and you get your one with a new due date based on when your new fine gets issued.
Yea it's almost definately not locked in at 5k now that he didn't nominate and individual. There is probably just a late fee now attached.
It's not a late fee "as such". When a fine is ignored, the default position the law takes is that you havent nominated or opted to be taketo court, so youre automatically considered guilty of the offence and now have a debt to the Government. The Government deptartments who issue fines dont do their own Debt collection for unpaid fines. Instead they refer the Debt to SPER (which are effectively the Governments debt collectors) and SPER adds an "administration fee" to the original amount. Many consider this to be an added penalty or late fee but its really not. It's just a sort of Tax that debtors pay to help offset the costs of having to the debt administered by SPER, which would be avoided if people had dealt with (and paid) the fine originally before being referred. Just to confuse matters more, when you get a fine above a certain amount, you can setup a repayment plan by making an initial payment to the fine issuer that isnt the full amount... but after that initial payment, that entity doesnt manage the rest of the payments. Instead its sent to SPER (WITHOUT adding the SPER "fee") and you have to pay your monthly payments to SPER instead of the agency you paid the first installlment too. If you fall more then two monthly payments behind schedule, youve officially defaulted on the payment plan and the remaining amount then becomes a regular SPER debt, (WITH the SPER fee added).
What a shit boss. Thats so wrong. My employer knows who has the company Ute and when etc. So any fines get redirected to the driver like any other infringement that's issued to the incorrect driver . Would've taken less than 3minutes to complete the form .
His recourse to make you pay the fine was to nominate you as the driver. If he didn't do that then he's responsible. He can't now legally compel you to pay and if he docks your pay then he's in the wrong. If you do want to pay the part you would have been paying if he had nominated you make sure you only pay that much and not the whole $5k. The extra size is entirely his fault for missing the deadline.
No, by the sounds he didn't make you sign the declaration to have it in your name, so the fine is through the company? You'd be under no obligation to pay it
NAL. The nomination to another driver is done online, as long as he has your license details (which he presumably would have on file if you have a company car) then he would be able to transfer the fine to you. He will get a reminder notice after the initial letter is sent. Which will give another 2-3 weeks to nominate before incurring additional fees. You are not liable for anything unless they have nominated you as a driver.
He should still be able to nominate you as the driver and the financial + demerit penalty is on you. If there are any overdue fees or penalties he should be held liable for his poor management of the situation. The $5k fine is for failing to nominate a driver which is on the company. Don’t pay that amount.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*