NSW RTA - The Correct Interpretation of Crimes Act?

[Precedent2]

You're missing the point mate, for conduct to constitute a criminal offence it must be proved with respect to both the mental and physical elements, and that only occurs in the criminal jurisdiction.

You cannot, in the civil jurisdiction (subject to an outright admission of guilt by the respondent in such proceedings) prove an "actionable" criminal offence, you can only prove your case on the facts and raise questions which the DPP might be interested in pursuing.

But you don't need a Tribunal Member, Magistrate or Judge for that, you can simply walk into a cop shop and make a complaint. Alternatively, you can alert the ACCC (or ASIC as the case may be) with your experience. If you have won your civil case, and if there has been impropriety of a criminal nature, I expect that they will be very interested in what you have to say.

But first things first, win your case, it should be easy if it is criminal and you have the evidence.

Judges have been known to refer cases to the DPP, however it is most often related to contempt.

 

[Scruff]

Got it, thanks.

I actually spoke to a Detective I know, who made some enquiries with the fraud squad. The advice from them was that if it's covered by the ACL, then it's unlikely that they would investigate it because a better outcome would probably be achieved by pursuing it as a civil matter or via action from the ACCC.

The ACCC has already taken to this mob to task twice and the penalties had no effect whatsoever. The conduct in this case is worse, began long before those cases, and continued long after those penalties were handed down. Even the increased penalty of $10m is a drop in the ocean an won't stop them, so civil action is the way to go.

I should add that I contacted the biggest class action guys I could find (four of them) and they all said the exact same thing "yep, you definately got something, but we can't help you because we specialize in personal injury." I couldn't believe it! And one of them took over two months to tell me that.