17.04.15 - The Moment Collector

Better a patient man than a warrior, a man who controls his temper than one who takes a city. x
 

National Criminal Check

05.12.13 - S10a Conviction with no other penalty


07.01.14 - Relevant government dept.

Dear Amir

Please find the link below with information on our site about spent convictions. If you have any further queries, about spent convictions, please contact the relevant government dept.

Kind regards
Elana Bailey

08.01.14 - Whether other Regulation 

Dear Elana,

1. I believe that Reference number: 166785 - 104839 issued on 05.12.2013, is defaming my name.

2. I believe that the above does not meet:

    a. The Crimes ACT NSW 1999 - Section 10.1.a

    b. The Criminal Records ACT NSW 1991 - Section 8.2

3. Please advice me whether other Regulations and/or Act were applied on the above.

Respectfully Yours,

Amir Bodenstein

08.01.14 - Based on the legislation

Dear Amir

If you wish to dispute the fact that the item listed on your certificate was not true, or done by you, then please email the below email address for a dispute form to be emailed to you for completion. However, if in fact you did commit the item listed on your certificate, then unfortunately, based on the legislation and what the police deem fit to bring back on your records, we are unable to help you any further. Maybe, you could call the police and seek some more help in this matter. We just report what Crimtrac, in Canberra, give us from the police.

I hope that this clarifies the situation and apologies for any inconvenience this may have caused.

Kind regards
Elana Bailey

08.01.14 - Any other legislation

Dear Elana,

1. Thank you for your kind reply.

2. I did commit the item listed on my certificate.

3. I mentioned in my last reply two NSW ACTS (legislation).  

4. I believe that as a matter of freedom of information, the NCC is required to reveal if there is any other legislation that it relies up on.

5. In your reply you wrote: "based on the legislation". 

6. It will be most appreciated if you would be able to elaborate on number 5.  

Many Thanks,

Amir Bodenstein

08.01.14 - The ones we are relying on

Good Morning Amir

Elana has forwarded your request for more information.

National Crime Check relies upon Crimtrac and the police services to investigate relevant legislation and release results in accordance with that legislation.

Whilst the two pieces of legislation you have sited are the ones we are relying upon, I have asked Crimtrac to confirm with the police services that they have acted in accordance with that legislation and that the results released are true and correct.

I will come back to you once they have confirmed this.

Regards

Martin Lazarevic

General Manager

08.01.14 - Result released is correct

Good Afternoon Amir

We have received feedback from Crimtrac.

In relation to you earlier inquiry, the advice received from NSW Police is that the result released is correct.

NSW Police have advised that should this particular applicant wish to dispute the release of his criminal history, he should contact NSW Police Criminal Records Section directly in writing.

Regards

Martin Lazarevic 

General Manager

14.01.14 - Omit the following 

Dear Martin,

Thank you for your quick and kind service.

For the record I forward you the content of the 'Disputing Criminal Record' form, which I sent in writing on 13 January 2014 to NSW Police, following your advice.

"NSW Police Force
Disputing Criminal Record Information

Locked Bag 5102 Parramatta
NSW 2124
 
1. Please, find attached: Reference number: 166785 - 104839 issued on 05.12.2013.

2. You have my permission to receive any previous correspondent regarding this matter with the National Crime Check Pty Ltd ('NCC').

3. On 8 January 2014, I received an email from Mr. Lazarevic the manager of NCC, which stated: "the advice received from NSW Police is that the result released is correct."
 
4.  I dispute this realest result and I request the NSW Police to omit the following: "S10a Conviction with no penalty", otherwise, please provide me with the reasons, grounds and legislation for its allege wrong publication.

Thank You,
Amir Bodenstein"

It will be most appreciated if you would share with the NSW Police, my dealings with your Company.
Respectfully Yours,
Amir Bodenstein

14.01.14 - National Criminal Check  

Amir

Given the last time we spoke you were threatening legal action against my company, can you please ensure all further communication is through your solicitors and is in writing from them. 

Regards
Martin Lazarevic
General Manager
National Criminal Check

The Legislation

 17.01.14 - The charge was dismissed

Dear Mr Lazarevic,
 
Thank you for your wise advice.

Background
 
1. All of our communication which are also to include: e-mail, certificate, letters, telephone conversation, are legitimate ways of communication, with or without solicitors.
 
2. On 5 December 2013, You, as the general manager and owner of the National Crime Check Pty Ltd, had issued and signed of a certificate of the National Criminal History Check under my name.

3. On 20 December 2013, pursuant to S. 25.1 of the Criminal Record Act 1991, I made an esquire in regard to this matter with her Excellence Governor General while her visit at Woollloomooloo, NSW.
 
4. As far as I understood from her Excellence, and for obvious circumstances, the Governor General was not aware at that time of any regulation that might have been applied in this matter.

5. On 8 January 2014, you stated via e-mail that: 'the two pieces of legislation you (I) have sited are the ones we are relying upon', yet you did not replied to my repeated enquirers in regard to any other legislation or regulation that might have been applied in this matter.

6. On that same day, you notified me that: "the advice received from NSW Police is that the result released is correct", and you advised me to: "contact NSW Police Criminal Records Section directly in writing".

7. I did follow your advice and sent you an e-mail with the content of the 'Disputing Criminal Record' form, which I wrote, sent by mail and faxed to NSW Police Force on 13/15 January 2014, and I also requested you to share with them all previous dealing that I had with your company.

The claim

8. I claim that this mentioned certificate was unlawfully drafted with: "NSW 04/01/2010 Existing Common Assault T2 / H 39938477: S 10a Conviction with no other penalty", and that this publication is defaming my name.

9. I believe that the charge regarding this matter was dismissed by the court on 4 January 2010, pursuant to S. 10.1.a of the Crimes (Sentencing Procedure) Act 1999.
 
10. As this matter was dealt without proceeding to a conviction and as the charge was dismissed, there was never ever any conviction, and with no charge what so ever, a mention of a penalty in the form of a common assault's conviction is unlawful ('Conviction with no other penalty' means that the Conviction is the penalty).

11. And even if there was a conviction which obviously was not, it would had been spent immediately after the finding was made in pursuant to S. 8.2 of the Criminal Record Act 1991, and as such should not be on the Criminal History Record pursuant to S. 12.b of the same Act.

12. I believe that you issued this certificate while knowing that it is not with accordance to the legislation and with your refusal to rectify the allege unlawful publication, all of which might put you in a position of committing an offence pursuant to S. 13.1 of the Criminal Record Act 1991, as well as being liable for defamation.

It will be most appreciated if you will rectify, my volunteering records at the Kings Cross Community Center, ASAP.
Please find attached the relevant legislation. 
Respectfully Yours, Amir Bodenstein

The Legislation

CRIMES (SENTENCING PROCEDURE) ACT 1999

10 Dismissal of charges and conditional discharge of offender

(1) Without proceeding to conviction, court that finds a person guilty of an offence may make any one of the following orders:

(
a) an order directing that the relevant charge be dismissed,


CRIMINAL RECORDS ACT 1991
 
8 When is a conviction spent?

(2)
 A finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction is spent immediately after the finding is made.

12 What are the consequences of a conviction becoming spent?

If a conviction of a person is spent:

(b) a question concerning the person’s criminal history is taken to refer only to any convictions of the person which are not spent.

13 Unlawful disclosure of information concerning spent convictions

(1) A person who has access to records of convictions kept by or on behalf of a public authority and who, without lawful authority, discloses to any other person any information concerning a spent conviction is guilty of an offence. [Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.] 

25 Regulations

(1) 
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving    effect to this Act.

NSW Police Force

17.01.14 - Martin

Amir
 
We will wait to hear back from NSW police.

Regards
Martin Lazarevic
General Manager
National Crime Check

16.01.14 - NSW Police Force



 xx.xx.14 - AB 

Dear Mr Lazarevic,

1. Following the NSW Police Force reply of 16 January 2014, I believe that you know that I know that we both know, that the Certificate which you had issued and signed on 5 December 2013 is not with accordance to the legislation.

2. It might be that NSW Police Force is legally a quite remote party to this Certificate, which means that the main onus of the legal implications, are and will be on your private company and yourself.

3. I think that your advice in the email of 14 January 2014 is relevant now then ever before, and that a legal assistance would be beneficial, other wise I will be forced to commence with court proceedings to clear my record from the allege wrong Conviction and to be compensated for the cost and damages caused by your actions.

It will be most appreciated if you would inform me via email what is your current position regarding my Certificate.

Respectfully Yours, 
Amir Bodenstein

The Moment Collector

17.04.15 - The Moment Collector 


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