Page 2 of 3 TRB Forms Area Form F3522 CFD V01 Apr 2019
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Release of Information Request for Vehicle/Queensland Regulated Ship Registration Records continued (page 2 of 3)
Question 10 continued... Question 10 continued...
Litigation not yet commenced
An insolvency entity/receiver/trustee/solicitor must provide:
- an official document or request on letterhead advising that they
are exercising powers under the Bankruptcy Act 1966 (Cwth) or
Corporations Act 2001 (Cwth).
or
- a copy of the proposed claim taken by the insolvency
entity/receiver/trustee/solicitor exercising powers under the
Bankruptcy Act (Cwth) or Corporations Act (Cwth) relating to
external administration (fully completed except for the defendants
address).
(C) Bankruptcy
Finalising court matters
An insolvency entity/receiver/trustee/solicitor must provide:
- an official request on letterhead from the insolvency entity
/receiver/trustee exercising powers under the Bankruptcy Act or
Corporations Act (Cwth).
Litigation not yet commenced
You must provide:
- a copy of the proposed claim to be lodged in court (fully completed
except for the defendants address); and
- a Statutory Declaration from the previous registered operator
making the claim that states: the fraud alleged, that litigation is
about to be commenced and that the persons address is needed
from the register as there is no accurate existing address and that
the claim will be lodged in court when the address is found;
or
- a court or legal document (must be against the person for whom
the information is being requested).
(D) Fraud
(A person transfers a vehicle out of the registered operators name
without consent).
Litigation not yet commenced
Solicitors/lawyers must provide:
- an official request on letterhead stating litigation is about to start
and that the persons address is needed from the register as the
last known address is wrong and the address is needed to serve/file
Family Court documents
or
- a copy of the proposed claim to be lodged to the Family Court
(fully completed except for the defendants address)
or
- a Family Court order (must be against the person for whom the
information is being requested).
(B) Family Court
Finalising court matters
Solicitors/lawyers must provide:
- a Family Court or legal document detailing the Family Court
matter
or
- an official request from a solicitor/lawyer detailing the Family
Court matter with the case number.
A Family Court search request from a private individual will be referred
to the departments Right to Information and Privacy Unit.
LEGL
COUR
LEGL
COUR
LEGL
(A) Vehicle/Ship accident/incident
(where property damage has occurred or hit and run pedestrian)
You must provide:
- an official request on letterhead detailing the incident/accident and
personal injury (if applicable) from either an insurance company or
solicitor/lawyer
or
- a Statutory Declaration describing the accident, which must include
vehicle/ship details (registration number, make/description of vehicle);
and either
o a vehicle repair quote; or
o police motor vehicle incident report (available through CITEC);
or
o a copy of any available witness statements, which must include
the full name and address of the witness.
Note: The registration number being searched must be for the vehicle/ship that
was involved in the accident/incident. Under no circumstances can a search be
conducted to trace actual or possible witnesses.
ACCD
(E) Court order
(I) Deceased registered operator representative
You must provide:
From a solicitor/public trust
- an official request on letterhead advising that the solicitor/public
trust is the administrator/executor of the deceased estate or is acting
on behalf of the administrator/executor
or
From anyone else
- evidence that you are the executor or administrator of the estate
(e.g. Will or Letters of Administration). If there is no Will or Letters
of Administration, provide a letter declaring that you are entitled
to the information as the deceaseds next of kin under the Succession
Act 1981; and
- a copy of the death certificate/funeral notice.
You must provide:
- a court order against the person for whom the information is being
requested, which clearly states that the department is to release
information held by it in relation to this person.
Note: For all other litigation (including debt recovery) a request may be
lodged through the departments Right to Information and Privacy Unit.
(G) Registered operator
You must provide:
- identification of the registered operator.
(H) Registered operator representative
You must provide:
- written consent from the registered operator; and
- representative identification; and
- a copy of the registered operators identification.
COUR
EXEC
EXEC
EXEC
(J) Local authority
LAUT
Not included are matters about animals locked in cars or dangerous
animals in cars (other than a serious dog attack as outlined below).
You must provide:
- an official request on letterhead explaining that information is needed
for matters about:
- regulated parking or for enforcing law about vehicles in an area
under its control
- enforcing ship noise offences under the Environmental Protection
Act 1994, s440z
-illegal dumping offences under s117 of the Waste Reduction
and Recycling Act 2011
- a dog attack that has
resulted in either bodily harm, grievous
bodily harm or death to a person or animal. The letter must state
that the request is made under s207A of the Animal Management
(Cats and Dogs) Act 2008, detail the injury that occurred as a
result of the attack and confirm that all other reasonable methods
of identifying the person responsible for the dog have been
exhausted.
or
- a copy of official approval by the chief executive of the department
allowing access to the information.
(K) Government department
You must provide:
- an official request on letterhead quoting the Queensland or
Commonwealth legislation allowing access to the information with
a statement that you are the person delegated to request the
information
or
- a copy of official approval by the chief executive of the department
allowing access to the information
or
- an official request on letterhead from the Queensland Police Service.
GOVT
(F) Criminal injury compensation
You must provide:
- an official request on letterhead from a solicitor/lawyer which states
that the information is required to obtain payment under a criminal
injury compensation order made under either section 66B of the
Criminal Code (repealed) or the Criminal Offence Victims Act 1995
(repealed)
or
- a court order that expressly refers to criminal injury compensation
against the person for whom the information is being requested,
which must be granted in favour of the person requesting the
information.
COUR
Finalising court matters
COUR
You must provide:
- a court order (must be against the person for whom the information
is being requested)
or
- an official request detailing the court matter with the case number