Tuesday 29 November 2022 03:03 AM Covid fines Australia: Revenue NSW to refund 33,000 recipients - here's who ... trends now
Some 33,000 recipients of Covid fines will receive refunds after two Sydneysiders won a landmark test case and the NSW government admitted their infringement notices were invalid.
In a statement issued on Tuesday afternoon, the NSW Revenue Commissioner of Fines Administration Scott Johnson said he will withdraw all fines issued under two legal provisions during the pandemic.
Recipients of public health orders who will receive a refund include all recipients of fines under the provision of 'fail to comply with noticed direction in relation to section 7/8/9 - Covid-19 - Individual' and 'fail to comply with noticed direction in relation to section 7/8/9 - Covid-19 - company'.
A total of 33,121 fines will be withdrawn - more than half of those issue in NSW in total.
However, further 29,017 fines will need to be paid, a statement said.
Thousands of Covid-19 fines worth millions of dollars could be ruled invalid after a test case in the NSW Supreme Court was successful. A couple are questioned by police at Sydney's Bondi Beach on August 1 last year.
A man and woman claimed 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
At 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, barrister David Kell SC for the Commissioner of Police told the Supreme Court the pair's Covid penalty notices would no longer be enforced.
'These two notices do not sufficiently state or describe the offences in general terms,' Mr Kell said.
The two claimants, Brenden Beame and Teal Els, will have their fines refunded. A fine issued to a third claimant, Rohan Pank, had already been repaid.
The ruling could set a precedent that sees many of more than 45,000 unpaid penalty notices for Covid-related public health order breaches in NSW withdrawn.
Kate Richardson SC, for the claimants, said there were 32,648 fines - totalling almost $33million - issued for the same reason as that given to Mr Beame so 'in all likelihood' they too would be declared legally invalid if challenged.
She has asked Justice Dina Yehia to publish detailed reasons for the fines being declared invalid to make it 'absolutely plain' why they were withdrawn.
'This is a case that has ramifications beyond Ms Els and Mr Beame,' Ms Richardson said.
Ms Els was fined $3,000 for unlawfully participating in an outdoor public gathering.
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 for breaches of Covid lockdown laws, and tens of thousands across the rest of Australia.
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 review and as of July this year Revenue NSW had withdrawn 12.6 per cent of penalty notices.
Police went to the extent of driving through Rushcutters Bay Park in Sydney's east in March last year as they sought to fine locals for breaching Covid restrictions. 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
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
