iSAYSO
Reviewing the Crown Formal Notice regarding the Roadside Drug testing reply
Formal requirement for substantive response and corrective action
Our office requests a substantive written response within 20 working days of receipt of this notice.
We are not seeking a routine acknowledgement, a generic assurance that procedures are followed, or a further explanation of how our correspondence was prepared.
We seek an accountable examination of the issues raised.
Across multiple matters, our office has encountered disputed liabilities, inaccurate or incomplete administrative records, enforcement threats, vehicle seizures, business interruption, financial hardship and allegations of misconduct.
We are concerned that public authorities may be taking enforcement action against individuals and businesses without consistently demonstrating that their own information is accurate, their statutory powers apply and the necessary procedural safeguards have been satisfied.
The consequences are serious. People may face escalating debt, loss of property, loss of livelihood, insolvency proceedings or arrest.
Where an authority demands compliance with the law, it must itself act within the law.
Where a person is penalised for inaccurate information, missed deadlines or alleged non-compliance, it is reasonable to ask what accountability applies when a public authority makes comparable errors.
The public should not be required to bear the financial consequences of an administrative failure without access to an effective process for challenging the decision and obtaining an appropriate remedy.
We therefore request that each recipient provide, within 20 working days:
1. Identification of responsibility: The office, decision-maker or responsible authority for each matter falling within its jurisdiction.
2. Verification of legal authority: The relevant statutory or other lawful power and the preconditions governing its exercise.
3. Evidence and recordkeeping: The existing procedures for verifying identity, liability, service, ownership, decision records and supporting evidence before enforcement.
4. Complaint handling: Confirmation of how the concerns have been registered, assessed, investigated or referred.
5. Correction and remedies: The available procedures for correcting inaccurate records, suspending or withdrawing erroneous enforcement, reviewing financial consequences and considering restitution or compensation where legally justified.
6. Systemic review: Whether the authority has identified recurring failures, undertaken relevant audits or proposed corrective measures.
7. Outstanding information: A clear identification of records supplied, withheld, not held or transferred, including the applicable statutory grounds.
Where a complete response cannot lawfully or reasonably be provided within the requested period, please explain the reason, identify the applicable statutory timeframe, provide the information already available and specify when the outstanding matters will be addressed.
This notice is intended to prevent further avoidable harm, not to interfere with lawful public administration.
We are attempting to improve confidence in the justice and enforcement systems through evidence, verification, transparency and accountability.
It is unacceptable for serious questions about enforcement powers and their human consequences to be displaced by criticism of the administrative tools used to prepare those questions.
We expect the recipients to engage constructively with the substance of these concerns and identify practical steps toward resolving them.
A system that requires the public to demonstrate compliance must be equally prepared to demonstrate its own.
We request a substantive response within 20 working days.