Revenue NSW cancels more than 33,000 COVID-19 fines after Supreme Court ruling

After reviewing two fines totaling between $1,000 and $3,000, Justice Dina Yehia SC ruled earlier today that they did not comply with section 20 of the Fines Act.

It was the proverbial tipping point, and almost immediately afterward, more than half of the infringements issued under NSW's COVID-19 regulations were rescinded.

The notices at issue in this instance were challenged on the grounds that they did not contain a sufficiently detailed explanation of the alleged violation.

Immediately following the verdict, Revenue NSW published a statement confirming it will cancel 33,121 penalties.

Throughout the course of the pandemic, 62,128 violations were issued in the state due to concerns over the spread of COVID.

When a fine is cancelled, the associated sanctions are also lifted, the statement said. This includes the suspension of driving privileges and the suspension of any garnishment proceedings.

"Where a fine has been rescinded and a payment has been made, either in part or in full, Revenue NSW will make contact to arrange a refund or apply the payment towards other outstanding obligations," it says.

The department added that this "does not mean the offences were not committed" and that "the remaining 29,017 fines will still be required to be paid if not previously settled."

Before this, David Kell SC, appearing for the NSW Commissioner of Fines Administration, cautioned the court that the two infractions did not meet the provisions of the act.

As Mr. Kell put it, the court should be "conservative" in dismissing the fines since doing so would set a precedent.

An extensive rescheduling is being conducted.

The challenge brought by Brendan Beame and Teal Els of the Redfern Legal Centre was successful, and this is what prompted the mass cancellation.

According to Katherine Richardson SC, who represents the pair, more than 160 other people, including Ms. Els, have gotten identical fines of $3,000, and more than 500 others have received fines with similar phrasing.

According to Ms. Richardson, Ms. Els was sitting in the park with her sister after their workout when police approached her and gave her a fine.

Ms. Richardson questioned the court, "How can she tell, for example, having no idea what offence she claims to have committed with a penalty sum of $3,000," which is obviously a very big amount of money to be imposed by notice procedure.

"According to our evidence, they should get their money back. We are demanding that all available remedies be exhausted in an effort to rectify the situation, since they have been wrongfully charged money."

In August 2021, while Sydney was under lockdown, Rohan Pank sat on a park bench and was subsequently fined.

The three claimants, who were represented by Redfern Legal Centre, complained that they were given few information and that their fines lacked information regarding any violations of public health rules.

According to Revenue NSW, the total amount of fines imposed during the lockdown was more than $33 million.

In the middle to latter half of 2021, Sydney was locked down for 107 days due to the spread of the Delta and Omicron waves.

In addition, 12 Western Sydney LGAs were subject to tighter lockdown regulations, including as a nighttime curfew.

Samantha Lee, acting principal counsel at Redfern Legal Centre, said it was a "exceptional day" for NSW outside of court.

"The state has agreed that the COVID fines presented before the court today are illegal," she stated.

"We'll be contacting the fines commissioner to inquire about reimbursing the money. The only option they have is to cancel the penalties. An important legal standard has been established by this case."

Ms. Lee has stated that the current judgements may render all COVID-19 fines issued during the freeze years of 2020 and 2021 null and void.

By early 2023, Justice Yehia is scheduled to issue a formal ruling.

Here at Velasquez Legal, we will be doing fixed price appeals for anyone who wants to appeal their Covid fine.

Please feel free to give us a call at the number below.