All Covid fines across Australia could be invalid after 33,000 penalty notices ... trends now
All Covid fines issued across Australia during the pandemic could eventually be ruled invalid in the wake of a landmark NSW court case.
More than 33,000 NSW residents who were fined for Covid breaches have already had their fines withdrawn and the validity of almost the same number is also now in doubt.
While the result of a successful legal challenge in one state does not automatically impact other jurisdictions, Covid fines worth tens of millions of dollars could soon be contested nationwide.
Victoria issued 50,031 fines for breaching Covid orders during the height of the pandemic. The Supreme Court fight has already sparked calls for the state to withdraw more than 30,000 fines doled out during the state's harsh lockdowns.
The lawyer who spearheaded the NSW victory told Daily Mail Australia that other states and territories may look at the test case and seek out similar vulnerabilities in their own laws.
All Covid fines issued across Australia during the pandemic could eventually be ruled invalid in the wake of a landmark New South Wales court case. A policewoman is pictured checking a woman's details at Bondi Beach in September last year
More than 33,000 residents of NSW who were fined for Covid breaches have already had their fines withdrawn and the validity of almost the same number is now in doubt. Police are pictured enforcing Covid rules at Rushcutters Bay Park in Sydney in July last year
Lawyer Samantha Lee from Sydney's Redfern Legal Centre said a pending legal judgment could determine if tens of thousands more NSW fines would be withdrawn.
A Supreme Court judge has already ruled two infringements imposed by police were invalid after hearing the wording on the penalty notices did not meet the legislative requirement of the Fines Act.
Ms Lee said the test case in NSW could be followed by all Covid fines across Australia being declared invalid, if they had been issued in similar terms.
'It's potentially possible if each jurisdiction takes their matter to court,' she said. 'It has to be applied though for each state and territory's legislation.'
Penalty notices issued to two Sydneysiders were ruled invalid on Tuesday when Redfern Legal Centre put their cases before Justice Dina Yehia.
A barrister acting for the NSW government conceded the notices did not sufficiently describe the offences allegedly committed by the pair and would not be enforced.
While the result of a successful legal challenge in one state does not automatically impact other jurisdictions, Covid fines worth tens of millions of dollars could soon be contested nationwide. Police are pictured at Bondi Beach enforcing Covid rules
Teal Els had been fined $3,000 for unlawfully participating in an outdoor public gathering and Brenden Beame was fined $1,000 for failing to comply with a Covid direction.
A $1,000 fine issued to another plaintiff, Rohan Park, for failing to comply with a noticed direction had already been withdrawn.
Within hours of the government admitting Ms Els and Mr Beame's fines were invalid, the Commissioner of Fines Administration withdraw all penalties issued under two pandemic provisions.
Anyone who paid a fine for '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', would be refunded.
A total of 33,121 fines were withdrawn after the test case - more than half the 62,138 Covid penalty notices issued in NSW.
Rohan Pank, pictured with Redfern Legal Centre's Samantha Lee on Tuesday, was fined for sitting on a hill in a park with his girlfriend in August 2021 while Sydney was in Covid lockdown
The decision did not mean the offences had not been committed and 29,017 fines would still need to be paid, according to the Commissioner of Fines Administration.
Justice Yehia will publish a judgment next year giving reasons for declaring the fines invalid and Ms Lee said the ramifications could be 'huge'.
'We're just using NSW as a test case,' Ms Lee said. 'Each jurisdiction has different legislation.
'If the judge is of the view that a penalty notice at the very least should include the relevant section of the offence then we're of the view that that will probably knock out all Covid fines (in NSW).'
Ms Lee said other jurisdictions would be closely watching what happened in NSW and other test cases could be launched.
Police issued Mr Pank with a $1,000 penalty for 'failing to comply with a noticed direction' which he did not believe he should have to pay. In the end, he was proved right
'All states and territories I guess could potentially look at it,' she said.
'It's not a national system so each state and territory has its own law in
