A ‘dob-in’ scheme nailed Brad for flicking a cigarette butt. He swears he didn’t do it
A Perth driver has been hit with a $500 fine after being accused of tossing a cigarette butt from his car – by a council rewarding volunteers with prizes for dobbing in litterers.
Roleystone man Bradley, who asked his last name not be used, said he was stunned to receive a fine in the mail last month from the Keep Australia Beautiful Council WA, a quasi-government organisation empowered to issue littering infringements under the Litter Act.
Bradley will have to go to court to prove he has been falsely accused of littering.Credit: Cameron Myles/Supplied.
Bradley was accused of flicking a cigarette out the window while driving. There were no pictures, just the accuser’s word.
However, Bradley said he wasn’t a litterer and had been personally affected by bushfires – and insisted he would never throw a lit cigarette from his car.
“I have a butt bucket next to the driver’s seat to store them until they can be safely discarded into a bin at a later time. I’m frankly incredibly offended that someone would make such a false accusation,” he said.
Adding to the confusion, the witness report described a man with “fair hair”. Bradley has black hair.
Prizes are used as an incentive for volunteers to report littering. Credit: Facebook
Despite this discrepancy, the council refused to withdraw the fine, citing the witness’ certainty.
Perth lawyer John Hammond said the Litter Act played an important role but raised concerns about how it was being enforced.
“If police were investigating a crime and someone has different coloured hair than the witness has claimed, then they would likely drop the charge,” Hammond said.
In a letter, the council said it had contacted the informant, who “without a doubt” maintained they saw Bradley commit the offence.
Unlike government agencies, KABC WA operates as a not-for-profit but is granted special powers under state law to issue littering fines of up to $500 for individuals and $20,000 for businesses – often relying on a volunteer network of about 20,000 people across WA to report offenders.
To encourage participation, the council runs regular giveaways for “litter reporters”. To become one, volunteers need only be over 18 and live in WA.
Volunteers are not required to submit photos or video to prove the offence took place. A detailed written report is all that is needed.
In the last five years, there has been almost 900 litter infringements issued.
To fight the penalty, Bradley will now need to take the matter to court and prove he didn’t do it.
Hammond questioned the ethics of rewarding people for accusations that required no proof.
“I don’t think we should be encouraging people to prosecute others because you may get false accusations,” he said. “It is unusual.”
A Department of Water and Environmental Regulation spokesperson, on behalf of the council, said reports were reviewed before an infringement was issued.
“Photographic evidence is not required for the issuing of an infringement notice under the Litter Act 1979,” the spokesperson said.
“Those receiving infringements can elect to have the matter heard by a court.”
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