A LEADING council watchdog is demanding that all fines under the Mornington Peninsula Shire Council’s parking pilot scheme be refunded over “human rights” concerns. Council Watch Victoria is calling on anyone who has been fined at any of the three trial locations since it started in December 2023 to contact them.
Figures released last week show the shire collected $347,721 from the parking trial, including $96,360 in fines (Motorists paying to park, Page 7). Council Watch president Dean Hurlston said the group was particularly interested in hearing from older people who have had trouble using the technology. He said such problems could be used as a basis for a complaint under the Human Rights and Responsibilities Act on the grounds that older people or people with disabilities had been discriminated against.
The parking trial, which operates at Flinders pier, Schnapper Point, Mornington and Sunnyside beach, Mount Eliza, has been unpopular with many beach users and some business owners since it began last December. While visitors are required to pay for their parking in other beachside municipalities, elements of the shire’s trial have been criticised by motorists, including the minimum $6.50 hourly fee, and the camera technology.
Hurlston said fines issued at the clothing optional Sunnyside beach were of particular concern as the beach was specifically “important” to members of the LGBTQI community. Previous public commentary suggested that at least one councillor wants the clothing optional beach closed, which could be a “breach of civil liberties”, he said.
There are also concerns about whether the council has the power to enforce the fines, given that its own policies state that CCTV footage can only be accessed by police.
Hurlston said there were grounds to demand that all parking fines under the pilot be reviewed “as they are not adhering to council policy”. “We call on council to pause the system, refund all fines, fix their policy and reconsult with the community before restarting the program,” he said. “There are too many policy gaps, issues, errors and questions to justify this poorly executed trial, human rights and civil liberties are serious considerations for all residents and visitors.”
Mornington MP Chris Crewther said he had received many complaints about the trial from constituents, and believed it was impacting locals and tourists, particularly elderly people and small businesses that relied on being able to park nearby. Crewther told state parliament that he hoped Mornington Peninsula Shire Council “would conclude” the nine-month trial as soon as possible. He also called on the state government to “stop cost shifting” to councils and forcing them to look at things like paid parking to increase revenue.
Similar camera-based parking schemes in NSW are also under scrutiny, with the government there ordering some councils to revert to paper parking fines after revenue surged by $140 million in three years under a ticketless system.
NSW Finance Minister Courtney Houssos has ordered councils to revert back to paper fines and stated that she wanted to ensure the state’s parking system was “fair and transparent”.
People who have been fined under the Mornington Peninsula Shire Council’s paid parking scheme and can send a copy of the fine to info@councilwatch.com.au
First published in the Mornington News – 26th March 2024
