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More than 23,000 wild Covid-era fines will be refunded in a major concession from the NSW government after thousands of residents were sprung by cops over everyday activities.
More than 23,000 remaining fines issued during the COVID-19 pandemic will be scrapped and $5.5 million refunded to those who paid in a major concession on strict pandemic-era laws.
The announcement comes after legal advice recommended information contained in penalty notices may not comply with the requirements of the Fines Act.
This means they did not contain enough information required under the Act when issued to those allegedly in breach of pandemic rules, with the 23,539 fines now declared null and void.
More than 23,000 remaining fines issued during the COVID-19 pandemic will be scrapped and $5.5 million refunded to those who paid in massive news following new legal advice.
Revenue NSW’s Commissioner of Fines Administration Scott Johnston made the decision in consultation with NSW Police in light of the new advice, The Australian understands.
Those who already paid the fines, whether in full or partially, will be refunded with Revenue NSW set to start contacting customers this week.
However this won’t impact fines which are now in front of, or have been finalised by the court system, as they have been taken out of the government’s hands.
In 2022 about 36,000 penalty notices were scrapped in relation to four different Covid-19 related offences on the basis that they did not contain enough information.
It was found the limited details contained in some of them made it difficult to understand the nature of the offences and did not comply with a requirement of the Fines Act.
The announcement comes after legal advice recommended information contained in penalty notices may not comply with the requirements of the Fines Act.
The remaining 23,539 penalty notices were not affected as they were formulated differently, containing a clearer explanation of the offences they concerned.
However upon further consideration of the notices and receiving the new legal advice, the government has found it appropriate to withdraw the remaining notices.
The draconian pandemic rules saw NSW residents fined up to $11,000 or six months in prison, or both, if they were caught breaching public health orders.
Earlier this year a homeless woman had her penalty thrown out after being slapped with a $3,000 fine for leaving Sydney without a permit.
The decision came after the NSW Supreme Court found the fine to be invalid for failing the “bare minimum test”, meaning the penalty notice must clearly state the relevant act and provision related to the offence.
Others penalised during the pandemic included a man in Newcastle who was fined $1,000 for sitting on a bench eating a kebab after ignoring two police warnings earlier that day.
Meanwhile, a man and woman from the Hunter Valley were fined after sitting in their case without “a reasonable excuse not to be at home”, with a man who was stopped for a random breath test penalised for the same reason.
Residents were constantly warned police would crackdown on anyone who disobeyed the public health orders, as swathes of infringement notices were issued each day.
In early 2020, extraordinary Sky News footage showed police cars patrolling Rushcutters Bay Park in Sydney, targeting people who were sunbaking or loitering.
Only those exercising were allowed to remain, provided they were in compliance with the strict rules.
It followed the implementation of laws prohibiting gatherings of two people, or the family unit, outside of the household.
Meanwhile on Coogee Beach, the NSW Police riot squad was called to deal with a large crowd of residents who had flocked there to enjoy the afternoon sun.
NSW Transport Minister Andrew Constance says the cooperation of NSW residents abiding by the COVID-19 health…
“To those that continue to flout the laws that have been put into place, we can put you in jail for six months,” NSW Police Commissioner Mick Fuller warned in light of the incident.
Sky News host Chris Kenny deemed the decision to scrap the fines a “victory” and demanded an apology from the state government.
“Thank goodness for that, that’s just a little flash of common sense. Belated, but at least it’s the right call,” he said.
“They should all apologise, and there should be a national royal commission to delve into this stuff, they’re all trying to skate away and pretend they didn’t do this to us.
“They need to apologise and have that royal commission.”
Former NSW premier Dominic Perrottet conceded earlier this year mandates were “wrong” as he delivered his parliamentary valedictory speech wrapping up his political career.
NSW Police has declined to comment on the matter.
From skynews.com
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