All remaining Covid era fines to be withdrawn

In a statement, the NSW Commissioner of Fines Administration said the move will take place in consultation with the NSW Police Commissioner. 

Law Society President Brett McGrath has described the outcome as just and sensible. 

About 36,000 fines had already been withdrawn in 2022, because the limited information in the penalty notices may have made it hard for recipients to understand the nature of the offence. 

A further 23,539 penalty notices were not withdrawn at the time, as authorities felt they contained clearer explanations of the offences. 

But since then, the Commissioner of Fines Administration Scott Johnston says he’s received legal representations and considered the descriptions on the penalty notices further and on that basis, it was appropriate to withdraw the remaining notices. 

Those who have made full or partial payments of a Covid-19 fine will be contacted and refunded, costing the government about $5.5 million. 

“The Covid-19 public health orders were issued in a complex and rapidly changing environment and necessarily underwent frequent revisions to manage the evolving public health situation,” says Commissioner Johnston’s statement. 

“Ultimately, the Commissioner of Fines Administration considers the Covid-19 related penalty notices contained insufficient details which may render them technically deficient and place their validity in doubt.” 

McGrath says the decision is consistent with good administration and the rule of law. 

“The Law Society and other legal stakeholders, have long advocated for the withdrawal of PHO fines, especially those imposed on children and other vulnerable cohorts,” he says. 

McGrath says the Law Society recognises the pandemic presented enormously complex challenges for the NSW Government and law enforcement, but the rule of law must still apply. 

“This decision recognises that those whose role it is to enforce the law, must do so within the requirements of the law,” he says.