Revenue NSW cancels over 33,000 Covid fines after Supreme Court Ruling

Almost half of all fines issued in NSW for Covid-19 health order infringements have been cancelled after the Supreme Court ruled the penalty notices were too vague.

A total of 33,121 fines issued by police have been withdrawn. Picture: Tim Hunter.

Almost half of all fines issued in NSW for Covid-19 health order infringements have been cancelled after the Supreme Court ruled the penalty notices were too vague.

Revenue NSW announced on Tuesday that 33,121 fines had been withdrawn after Redfern Legal Centre successfully argued that penalty notices issued for two types of Public Health Order fines were invalid because they failed to provide a sufficiently detailed description of the offence.

RLC referred to an incident where a $1000 fine issued against a man while sitting with his girlfriend in a Sydney park was withdrawn the same day it was issued.

They argued that 163 people issued with a similar fine – including a $3000 fine issued against plaintiff Teal Els for “unlawfully participating in an outdoor public gathering” – were also invalid and should be withdrawn.

However, on Tuesday, Justice Dina Yehia SC found more than 33,000 people would no longer have to pay the $1000 fine for individuals and up to $55,000 for corporations because the penalty notices did not meet the requirements of the Fines Act.

A total of 62,138 Covid-19-related fines have been issued, with the remaining fines still required to be paid if not already resolved, Revenue NSW said shortly after the Supreme Court ruling.

“This decision does not mean the offences were not committed,” Revenue NSW said.

“Where fines are withdrawn, all sanctions, including driver's licence restrictions or garnishee order activity will be stopped.”

Customers who had already paid the fine for either of the two infringements would be eligible for a partial or full refund.

“Revenue NSW will make contact to arrange a refund or credit the payment towards other outstanding debts,” the statement said.

Redfern Legal Centre acting principal solicitor Samantha Lee said the case was about more than just two people’s fines.

“It is about the need to properly adhere to the rule of law, even during a pandemic,” she said.

“Today, justice has been granted to three people who took on the NSW government regarding the validity of their Covid fines and won.”

Ms Lee said the Supreme Court win would place responsibility on the Commissioner of Fines and Administration to “ensure that fines adhere to the required legislation”.

She said the failure to inform people about the nature of the offence could have had a crippling impact on clients, especially those experiencing financial disadvantage.

With NCA Newswire