VIC Where Does Statute of Limitations Start or End?

[Frizm]

The informant in my case alleges I conducted prescribed electrical work "in or around August or September 2015". The charge was filed at a magistrates court registrar on the 29th of September 2016.

Being a summary offence (as per the charge sheet), I know the statute of limitations is 12 months one day after the alleged date of offence having been conducted, but with an ambiguous allegation made "in or around August or September", when does the statute of limitations start/end?

 

[Rod]

They have to prove their case against you. That would mean proving they are within the limitation period. If they don't know the precise date and you have records showing the precise date, then your record, if not doctored, would be accepted.

What is the filing date of the charge? Oct?

Keep in mind the limitation period may depend on what you have been charged with. Is it something in the summary offences Act? or a charge using another Vic or Cth Act?

 

[Frizm]

Thanks for your quick response

I've never had any issue with the justice system so am a bit overwhelmed as this has taken me by surprise given it is a skewed accusation.

There are two charges and both relate to the same act (Electrical Safety Act 1998), but regarding different sections (Section 38, and 30).

Nowhere within the act does it specify that the act enables a longer time limitation so it's all a bit confusing. The Filing Date is September 29th 2016, I received a full brief on the 14th October.

I installed an antenna - certainly no electrical work, and I do have phone records to show my only communication with the person was in July 2015 and receipts of the purchase of the antenna in July 2015 also. The person tried to coerce $500 from me in November by sending a threatening sms (which I have) claiming they had ACMA out to inspect my work and that she would not forward my details if I paid her $500.00 (no where does it mention any issues with or references to electrical work in the sms - because there was none done by me!).

I politely responded that given she escalated to ACMA I don't see the point communicating with her any longer and await ACMA's letter. The next thing I know, I get a letter form Energy Safe Victoria - she said I did electrical work on top of the antenna, but ESV just went with whats within their jurisdiction (the electrical component).

The reason I ask for statute of limitation is because I don't remember too much particulars of the event as it happened so long ago and it seemed so insignificant at the time. So I am unsure what line of defense to go with.

If I can prove the work (antenna) was conducted in July (as the statement taken from the homeowner said I did both electrical and antenna work in the same time) then this surely would put it outside that limitation.

 

[Rod]

One year limitation doesn't apply in your situation, it is not a criminal offence. Your potential fine for contravening section 30 and 38 is likely to be between $1K and $2K.

I assume you are not licensed to work on mains power electrical cables/equipment.

Does the other person have a limited understanding of English? Some recent immigrants seem to think this behaviour is standard business practice.

Do you have an invoice for the work? and does it clearly show you only did antenna work?

Is the home owner likely to have photos of you doing electrical work?

Keep the texts, print them out asap, in case your phone breaks. Get ready for court, including seeking costs against other party if you win. You can counter claim for false and malicious claims.

Have you spoken with ACMA? You might be able to convince them to drop the court action. You can still sue the other party for any damages you incur as a result of malicious claims even if ACMA drop their case.

 

[Rod]

Checking period again and whether ACMA can take action ....

Not clear to me atm while ACMA is filing court action and not EnergySafe.

 

[Rod]

Hmm, looks like the limitation period is 3 years.

Did you receive any infringement notices first, or just court papers?

Reading the electrical safety Act, action can only be taken by an 'enforcement officer'. I'm not convinced ACMA have these powers under this Act and recommend a call to EnergySafe Vic to see if they have authorised ACMA. They may have authorised ACMA, I just don't know.

 

[Frizm]

Hi Rob

To clarify; the enforcement agency is Energy Safe Victoria, not ACMA. She threatened to take my work to ACMA if I didn't pay her $500.00 but nothing came of that, nor did such an allegation make the brief of evidence within her statement.

She did speak with a heavy accent, but the level or her english profeciency was hard to gauge with my limited exposure.

I use to install antennas and satellites some years ago and have stopped doing so since 2010. I did this as a favour to my brother as this person works with him (he suggested I do it so she save some money as she is a return to work (workcover) single lady with a mortgage). I obliged.

So I didn't issue an invoice as it was just $60.00 for the antenna and limited coax cable, and $100.00 for my "labour", in total $160.00. No receipt given. But as I stated, I do have an invoice which shows the date I purchased an antenna, which coincides with the proximity of dates when I called and sms'd her to arrange the time to do the work. Incidentally i have on my bank statement depositing $160.00 into my credit card a day after the purchase of the antenna.

The home owner does not have photos of me doing electrical work as I didn't do any electrical work. They physically cannot therefore exist.

The full brief of evidence contains a full statement of the home owner, a statement of the informant (energy safe inspector), a photo of the house as seen from the street, two separate photos of powerpoints a photo of an exhaust fan and a photo of the electrical meter.

I didn't receive any infringement notice, just a charge and summons to appear in court.

 

[Frizm]

Also if it isnt a criminal offence, what sort of lawyer do i need to seek advice from? I can't believe someone can make up fluff and it actually sticks!

 

[Rod]

can't believe someone can make up fluff and it actually sticks!

It happens, though find it strange ESV didn't talk to you first or send a 'please explain' letter to you.

Any garden variety solicitor can do the job. You don't need anyone specialising in criminal law. You can DIY, or if you want to counter claim/apply for costs think you'll need a lawyer.

BTW, what court house in Vic?

 

[Frizm]

I did receive an ESV invitation for interview, they gave a 5 day window to get back to them but the registered post was delivered on the 4th day into those "5 days". Also, the informant stated that I did call and did leave a message for him to get back to me.

I didn't receive any missed calls and no deposits to my voicemail. My telephone bill indicates that I had active voice mail despite the informant's claim that he tried "many times" to contact me and there was "no active voicemail" on my number. <-- this is false.

Further, I actually called 5 times all of which diverted to his voicemail. I did try to contact them but I couldn't get through, and no one got back to me - so I left it and this was in April 2016...I didn't hear anything until Mid-October (last week). Bizarre.