What to do if Victoria Police give you a coronavirus lockdown fine
A homeless man allegedly fined more than $3000, a cyclist questioned while eating alone in public – what are your rights if police slap you with a lockdown fine? Here’s what you need to know to dispute or defer your infringement.
South East
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Victoria Police has issued more than 2600 lockdown fines and conducted more than 37,900 spot checks since strict social distancing rules were introduced mid-March.
And while each infringement will be reviewed by Victoria Police, police spokesman Joel Dwyer said there was no guarantee any would be overturned.
But people could also apply to have their fine formally reviewed, he said.
“Members are being advised to use discretion when deciding if an infringement notice is to be issued,” he said.
“They need to weigh up if a person’s actions are placing others at risk or if a warning will suffice because we know most people are genuinely trying to do the right thing.”
Victoria Legal Aid said it was vital anyone wishing to apply for a review did so before the due date, generally 21 days from the date issued.
Criteria for a review included:
■ Police issued the fine in error, e.g. mistaken identity,
■ The recipient had a reasonable excuse or exceptional circumstance for not following restrictions,
■ The recipient could not understand or follow the directions due to circumstances including mental illness, intellectual disability, drug addiction, family violence or homelessness.
Fine recipients could apply online to have the infringement reviewed or contact Fines Victoria.
Anyone who could not afford to pay the fine in one hit could apply for an extension or to pay in instalments.
But the VLA said people must not ignore a fine, as they could end up paying much more in the long run.
It comes as Police Accountability Project data from their Covid Policing in Australia website revealed instances where people believed cops had overstepped the mark.
While acknowledging how important physical distancing was to prevent the spread of coronavirus, human rights groups said police needed to be kept accountable for their actions.
One witness reported they saw a person in Fitzroy, who appeared to be homeless, issued with $3600 in fines.
“The witness reported that the person was understandably unsure of how they were going to be able to pay the fine and what their other options were during the pandemic – where could they go and where could they take their possessions?” the Police Accountability Project report stated.
It also revealed an adult caring for her mother, who had significant health problems, said she had been questioned by police because they were sitting on a park bench during a walk around a park in Parkville.
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“The person writing in reported feeling confused about the restrictions around being able to walk but not to take a rest. They also reported apparent inconsistencies in the policing of this as they observed several other pairs of people in the park sitting on benches or on the grass but not being questioned by police,” the report said.
Meanwhile, a cyclist in Melbourne’s inner southeast – who had stopped in public to eat a roll on his own – was asked to move on.
Victoria remains under stage three restrictions until May 11 at the earliest.
For more Victoria Legal Aid information about COVID-19 fines visit legalaid.vic.gov.au
If you think police overstepped the mark when questioning, fining or asking you to move on you can make an anonymous report to the Police Accountability Project.