Big win for Aussies battling Covid fines
Written by admin on November 26, 2024
The NSW government has withdrawn all remaining Covid fines issued during the pandemic and promised to refund affected Australians $5.5m.
The government issued nearly 60,000 penalty notices while public health orders were put into effect following the emergence of the Covid virus in 2020.
In late 2022, the Commissioner of Fines Administration withdrew about 36,000 fines and on Tuesday, the government confirmed the remaining 23,539 fines would be cancelled.
Some $5.5m will be refunded to individuals who have made a full or partial payment of a Covid fine, the government added, and Revenue NSW said it would begin contacting customers affected by the decision in the coming days.
“Following representations made to the Commissioner of Police and myself concerning the validity of Covid penalty notices, I have decided to exercise my statutory authority and withdraw these notices,” Commissioner of Fines Administration Scott Johnston said on Tuesday.
The government said the decision did not impact matters that were in the process of being considered by or had been finalised by the courts.
“The Covid public health orders were issued in a complex and rapidly changing environment and necessarily underwent frequent revisions to manage the evolving public health situation,” the Department of Customer Service said.
“Ultimately, the Commissioner considers the Covid related penalty notices contained insufficient details which may render them technically deficient and place their validity in doubt.”
Maurice Blackburn Lawyers and the Redfern Legal Centre led a campaign against the fines and the two legal bodies have welcomed their annulment.
“The goal has always been to seek justice for all people in NSW who were issued with an invalid fine,” Redfern Legal Centre supervising solicitor Samantha Lee said.
“The impact of Covid fines on marginalised communities and on children was disproportionate, unreasonable and unjust.
“Added to this was the unfairness of fines being unclear about what offence the person was alleged to have committed.
“This case is a significant win for accountability and will help make the fine system in NSW fairer, ensuring it abides by the rule of law.”
