Tuesday 29 November 2022 12:03 AM Redfern Legal Centre WIN Covid fines Supreme Court case; 45,000 penalties could ... trends now
Thousands of Covid-19 fines worth millions of dollars could be ruled invalid after two Sydneysiders won a landmark test case in the New South Wales Supreme Court.
The man and woman claimed their infringement notices were issued in such vague terms they could not be legally enforced and would be difficult, if not impossible, to challenge in front of a magistrate.
On Tuesday morning a barrister for the Commissioner of Police told the Supreme Court the pair's Covid penalty notices would no longer be enforced.
Two of the claimants, Brenden Beame and Teal Els, will have their fines refunded. The fine issued to a third claimant, Rohan Pank, had already been repaid.
The case could set a precedent that sees many of more than 45,000 penalty notices for Covid-related public health order breaches in NSW withdrawn.
A barrister for the claimants said 32,648 fines totalling more than $33million issued for the same reason as that given to Mr Beame 'in all likelihood' would be declared invalid.
A class action in NSW could now go ahead and similar law suits would likely be pursued in other states. There were 19,000 fines handed out in Victoria, and tens of thousands across the rest of Australia.
Thousands of Covid-19 fines worth millions of dollars could be ruled invalid after a test case in the NSW Supreme Court is successful. Young men and women are pictured innocently enjoying the sun at Bondi Beach in September last year at the height of Sydney's lockdowns
A man and woman claim their Covid infringement notices were issued in such vague terms they could not be enforced and would be difficult, if not impossible, to legally challenge. Bondi residents are pictured out exercising in September last year surrounded by police officers
Redfern Legal Centre ran the case against the NSW Police Commissioner and Commissioner of Fines Administration on behalf of Mr Beame and Ms Els.
Mr Pank had his $1,000 fine withdrawn in July after the administrative law court action was launched.
When the matter was before in court in July it was heard if the claims succeeded fines worth millions of dollars issued across NSW could be invalidated.
Between March 2020 and July this year there were 62,029 Covid fines issued totalling $56,499,080. As of May, 47,560 fines totalling $42,269,700 remained unpaid.
Most of the penalty notices were issued at the height of Sydney's lockdown in August and September last year.
Thousands of those people who were fined requested a revue and as of July Revenue NSW had withdrawn 12.6 per cent of penalty notices.
A legal challenge to Covid fines could set a precedent that sees many of more than 45,000 such unpaid fines for public health order breaches in New South Wales withdrawn
The three plaintiffs represented by Redfern Legal Centre sought to have their fines and the subsequent enforcement orders ruled invalid and that any money that had been paid be refunded.
Mr Pank was fined for sitting on a hill in a park with his girlfriend in August 2021 when they were approached by four police officers while Sydney was in lockdown.
He was within 1km of his home and was told by police he and his girlfriend had breached a public health order by not actively exercising.
At the time, interpretations of public health orders were constantly changing and there was confusion about the meaning of terms such as 'exercise or recreation'.
NSW Health declared 'sitting for relaxation' was considered to be outdoor recreation in the days after Mr Pank was fined.
He had sought two reviews of his infringement notice but Revenue NSW rejected each one, according to Redfern Legal Centre.
Between March 2020 and July 2022 there were 62,029 Covid fines issued totalling $56,499,080. As of May, 47,560 fines totalling $42,269,700 remained unpaid
The agency first stated Mr Pank had been told by police he should not be away from his home without a reasonable excuse.
Next, it claimed Mr Pank breached a public health order by crossing into the City of Sydney from the Inner West local government area where he resided.
When Mr Pank had been sitting in the park, outdoor recreation was permitted within 10km of a person's home with no requirement they stay within their council boundary.
Samantha Lee, senior police
