The NSW government will revoke more than 33,000 COVID-19 fines, following a Supreme Court ruling today.
Most important points:
- The canceled fines are about half of the 62,128 issued COVID-related violations
- Proceeds NSW says all sanctions on unpaid fines now stop
- They also said the remaining 29,017 fines still have to be paid
Earlier today, Justice Dina Yehia SC found two fines between $1,000 and $3,000 did not meet the requirements of Section 20 of the Fines Act.
It was the thin end of the wedge and caused more than half of the breaches issued under NSW’s COVID-19 restrictions to be withdrawn soon after.
The case focused on the technical basis. The notices did not provide a sufficiently detailed description of the crime committed and were therefore invalid.
In a statement following the ruling, Revenue NSW confirmed it would withdraw 33,121 fines.
A total of 62,128 COVID-related breaches were issued in the state during the pandemic.
“If fines are withdrawn, all sanctions, including driver’s license restrictions or seizure, will cease,” the statement said.
“If a penalty has been withdrawn and a customer has made a payment – in whole or in part – the NSW tax authorities will be in touch to arrange a refund or credit the payment against other outstanding debts.”
The agency also noted that it “didn’t mean the violations weren’t committed” and “the remaining 29,017 fines will still have to be paid if not resolved.”
Earlier, David Kell SC, representing the NSW Commissioner of Fines Administration, warned the court that the two breaches did not meet the requirements of the law.
Mr Kell said the court should be “cautious” in throwing out the fines as it would set a precedent in the area.
Mass cancellation
Brendan Beame and Teal Els’ successful challenge brought in by Redfern Legal Center was the catalyst for the mass cancellation.
Katherine Richardson SC, representing the duo, said more than 160 people had been fined $3,000 identical to Ms Els, and more than 500 had received fines with similar wording.
Ms Richardson said Ms Els had no idea what she was being fined for when she was approached by police while sitting in a park after practicing with her sister.
“For example, how can she tell that she has no idea what crime she said she committed with a $3,000 fine, which is clearly a very substantial amount to be imposed through a notice process,” Ms Richardson told the court.
“Our submission states that they are entitled to a refund. They have been wrongly charged money and we urge them to seek a full range of assistance.”
In July, Rohan Pank had his fine rejected for sitting on a park bench in August 2021 during Sydney’s lockdown.
Redfern Legal Center represented the three plaintiffs who said they had received little information and that the fines contained no details of any violations of public health regulations.
The total amount of fines handed out during the lockdown exceeded $33 million, according to Revenue NSW.
Sydney faced a 107-day lockdown in mid to late 2021 as the Delta and Omicron waves spread through the city.
There were also 12 local government areas in Western Sydney facing tighter lockdown restrictions, including a curfew.
Out of court, the Redfern Legal Centre’s acting lead attorney, Samantha Lee, said it was an “extraordinary” day for NSW.
“The state has admitted that the COVID fines brought to court today are invalid,” she said.
“We are going to ask the fines commissioner to set up a mechanism to return the money. They have no option but to withdraw those fines. This case has set a precedent.”
Ms Lee said today’s decisions could void any COVID-19 fines issued during the 2020 and 2021 lockdown.
Justice Yehia is expected to issue a formal ruling in early 2023.