Ex-minister Don Harwin eyes corona comeback to cabinet

Former NSW minister Don Harwin is likely to be reinstated if he overturns a fine for alleged breaches of COVID-19 restrictions.

Former NSW arts minister Don Harwin. Picture: John Grainger

Former NSW arts minister Don Harwin is likely to be reinstated to the Berejiklian cabinet if he overturns a $1000 infringement notice for alleged breaches of COVID-19 restrictions after speaking to the NSW Attorney-General.

Mr Harwin has engaged eminent Sydney silk John Agius SC to help overturn the penalty notice that was issued by police in April, and which led to his resignation from the government frontbench.

The infringement was issued after it emerged Mr Harwin had been commuting between Sydney and his holiday home on the NSW central coast at a time when non-essential travel for all NSW residents was banned.

Police Commissioner Michael Fuller reviewed the infringement notice at the time but ruled it had been issued correctly and would not be cancelled. Mr Harwin ­decided to contest the fine based in part on conversations with NSW Attorney-General Mark Speakman, who encouraged him to clear his name.

Mr Speakman confirmed the pair had spoken numerous times since Mr Harwin’s resignation from cabinet, but no “formal legal advice” had been provided, as this was not possible due to his role as the state’s principal legal representative. “I’ve rung him several times as a colleague concerned for his welfare. We’ve had confidential informal conversations,” Mr Speakman said when asked about the nature of the advice provided.

A senior government MP confirmed Mr Harwin had been encouraged to pursue the fine during conversations with the ­Attorney-General. Mr Harwin would not comment when contacted by The Australian.

Since resigning, the former arts minister has remained in parliament as a backbench MP but has relinquished his previously held role as leader of the government in the Legislative Council, in addition to his ministerial responsibilities. While that role was filled by ­Finance Minister Damien Tudehope, no replacements have been announced for Mr Harwin’s previous ministerial responsibilities, which included the arts portfolio and others relating to the public service, Aboriginal affairs, and special minister of state.

Those portfolios have since been subsumed by the Premier’s office. Premier Gladys Berejiklian, a political ally of Mr Harwin, did not respond to questions concerning his prospective reappointment. She has previously telegraphed an upcoming ministerial reshuffle.

Any resolution involving the infringement notice is likely to take months due to the impact of the COVID-19 pandemic on the court system. October was slated as the earliest possible time a hearing could be held, if the matter does find itself before a magistrate.

Mr Agius, who has worked on numerous state and federal royal commissions, confirmed he had been engaged by Mr Harwin to act on the MP’s behalf. But he was unable to discuss the avenues of ­argument that would be used to defend the former arts minister.

“Mr Harwin is defending the allegation that he breached the COVID-19 public health order. This is as much as I can say at this time, although in due course I ­expect to be in a position to say more,” he said.

Mr Harwin has maintained his innocence since being issued with the infringement. The public health orders he allegedly breached were implemented on March 31, and were not in place when he moved to his holiday home.