Many of the top fifteen per-capita locations where fines were issued during the Delta outbreak have high Aboriginal populations [and] eleven of these communities are counted among communities suffering the state’s highest level of social disadvantage
By Floyd Alexander Hunt -
Revenue NSW will cancel 33,121 COVID-related fines after the NSW Supreme Court ruled that two fines issued during the 2021 lockdowns were invalid. There were over 60,000 outstanding COVID fines before the judgment was reached.
On 29 November, Justice Dina Yehia found that these two fines breached the requirements under section 20 of the Fines Act. The notices failed to provide a sufficiently detailed description of the offence committed, and were therefore invalid.
The Redfern Legal Centre brought the case on behalf of three clients, who received fines ranging between $1,000 and $3,000. One of the clients, Rohan Plank, was issued a $1,000 fine for sitting in a Sydney park with his girlfriend. The fine was cancelled the day the case was lodged.
The other two fines proceeded to court and were found to be invalid. One concerned a $3,000 fine issued to plaintiff Teal Els for “unlawfully participating in an outdoor public gathering”.
Samantha Lee, Acting Principal Solicitor at Redfern Legal Centre, called the win an “extraordinary day for the people of New South Wales”.
“This case has set a precedent that all of those fines are invalid and should never have been issued,” said Lee.
Joanne van der Plaat President of the Law Society of NSW
“Fines can have a crippling impact, especially for those experiencing financial disadvantage,” Lee added.
“This case places the responsibility on the commissioner of fines and administration to ensure that fines adhere to the required legislation.
“What has happened today is pure justice, and really it is a [win] for the people.”
President of the Law Society of NSW Joanne van der Plaat also welcomes the decision, labelling them a “common sense withdrawal.”
Noting that “many of the top fifteen per-capita locations where fines were issued during the Delta outbreak have high Aboriginal populations [and] eleven of these communities are counted among communities suffering the state’s highest level of social disadvantage”, van der Plaat calls on Revenue NSW to review all remaining COVID-19 related fines, especially any imposed on children.
A spokesperson for Revenue NSW said, “This decision does not mean the offences were not committed,” but acknowledged that “all sanctions” related to the fines such as garnishee orders and driver licence restrictions would be removed.
“The remaining 29,017 COVID-19 fines will still be required to be paid if not already resolved. They are not affected by this decision.”
In April this year, the Law Society of NSW (publisher of LSJ Online) cautioned the NSW Government that many fines would have inevitably been issued incorrectly, especially given the frequent and rapid amendments to Public Health Orders during the height of the pandemic.
