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Legal centre pushes to scrap thousands more Covid fines

There are fresh calls for more Covid fines to be withdrawn after similar infringements in NSW were deemed invalid.

Victoria's consideration of reviving mask mandate 'smacks of panic'

A Victorian legal centre is calling for Covid-19 fines issued during the pandemic to be withdrawn after thousands of similar infringements in NSW were deemed invalid.

Inner Melbourne Community Legal and YouthLaw said there are still more than 30,000 outstanding Covid fines, with most targeting low-income Victorians.

“As previously reported, people in lower socio-economic areas were more likely to receive Covid-19 fines,” a statement read.

“We have seen people request their own internal review applications, which were ultimately refused.

“They were given no indication whether their circumstances had been properly considered. The NSW case highlights the inappropriateness of a punitive policing response to a public health crisis.”

Police issued thousands of Covid-19 fines during the pandemic. Picture: NCA NewsWire / Paul Jeffers
Police issued thousands of Covid-19 fines during the pandemic. Picture: NCA NewsWire / Paul Jeffers

More than 11,362 Covid-related fines were issued in 2021 in Victoria alone, but only six per cent had been paid by March 2022. This mirrored a similar trend from 2020.

More than 73 per cent of the fines issued remained unpaid at the same period.

Authorities withdrew or cancelled 2,321 notices from last year, while thousands more were outstanding or being gradually paid off, according to the Victorian government.

It comes after 33,121 fines issued in NSW during Covid lockdowns were voided after the state government conceded at least two penalty notices issued were invalid.

The landmark case was heard in the NSW Supreme Court on Tuesday when three Sydneysiders challenged the penalty notices issued for Covid-related public health orders.

The three plaintiffs, Rohan Pank, Brenden Beame and Teal Els, were each fined between $1000 and $3000 after they allegedly breached public health orders in 2021.

Redfern Legal Centre brought the case on behalf of the trio against the NSW Police Commissioner and the Commissioner of Fines Administration.

A man is detained by Victoria Police during the 2020 second lockdown.
A man is detained by Victoria Police during the 2020 second lockdown.

It was argued the fines were not valid because the penalty notices did not provide enough detail of the alleged offence, as required under the Act.

The court was told on Tuesday the Commissioner of Fines Administration accepted that Mr Beame’s and Ms Els’ fines did not sufficiently state or describe the offence, so did not meet the requirements of section 20 of the Fines Act.

The court ordered the government to refund Mr Beame and Ms Els $436 and $826 respectively.

Mr Pank’s fine had already been withdrawn by Revenue NSW on the day the case was lodged and his costs will be covered by the government.

Shortly after the landmark decision, Revenue NSW announced 33,121 fines would be withdrawn, with any sanctions applied for those who had outstanding payments to be revoked and refunds issued to anyone who had already paid.

Original URL: https://www.dailytelegraph.com.au/coronavirus/legal-centre-pushes-to-scrap-thousands-more-covid-fines/news-story/a589991524d831a1eccf5ad7e2a4d173